Judgment_paragraph 36 · C. van der Lans v Koninklijke Luchtvaart Maatschappij NV (C-257/14)

36Finally, as regards, more particularly, technical problems encountered by an aircraft, it follows from the case-law of the Court that such problems may be included among ‘unexpected flight safety shortcomings’, and although a technical problem in an aircraft may be amongst such shortcomings, the fact remains that the circumstances surrounding such an event can be characterised as ‘extraordinary’ within the meaning of Article 5(3) of Regulation No 261/2004 only if they relate to an event which, like those listed in recital 14 in that regulation, is not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin (see, to that effect, judgment in Wallentin-Hermann, C‑549/07, EU:C:2008:771, paragraph 23).

C. van der Lans v Koninklijke Luchtvaart Maatschappij NV (C-257/14)

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