36In that connection, it is to be noted that, unlike Article 5(3) of Regulation No 261/2004, Articles 2(j) and 4 of that regulation do not provide that, in the event of ‘denied boarding’ owing to ‘extraordinary circumstances’ which could not have been avoided even if all reasonable measures had been taken, an air carrier is exempted from its obligation to compensate passengers denied boarding against their will (see, by analogy, IATA and ELFAA, paragraph 37). It follows that the EU legislature did not intend that compensation may be precluded on grounds relating to the occurrence of ‘extraordinary circumstances’.
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