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ARTICLE · 18 SEPTEMBER 2015

Can An Unexpected Event Be Considered Extraordinary?

Ms Corina van der Lans had a ticket reservation on a flight operated by KLM. The flight, which was to depart from Quito to Amsterdam, arrived with a 29 hours delay.

European UnionTransport

On 17th September 2015 the Court of Justice of the European Union (CJEU) delivered its long-awaited decision in the case between Corina van der Lans and KLM. In this preliminary ruling, the CJEU clarifies the interpretation of the "extraordinary circumstances" stipulated in Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or a long delay to flights.

A preliminary procedure is exercised before the CJEU which, according to Article 267 of the Treaty on the functioning of the European Union, empowers the courts and tribunals of the Member States to refer questions on the interpretation of EU law.

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