Technical Problem ≠ "exceptional circumstance"


In its judgment of 22.12.2008 (Rs. C-549/07 -Wallentin- Hermann. /. Alitalia, Coll 20081-11061 = RRa 2009.35 = 'VuR 2009 = 225 Tot 2009 295), the ECJ determined that a technical problem that happens in a plane and leads to the cancellation of a flight is not the same as "exceptional circumstance" means.
Even the Supreme Court (see ruling of 12.11.2009 -Xa ZR 76/07, RRa 2010 34 = NJW 2010, 1070, para 2, confirmed the ruling of 21/08/2012 - X ZR 138/11,...... Rn, 16 ff., RRa 2012, 288, 290 and 146/11 ZR X, unpubl.) shares this opinion.
Therefore, only those cases 23 are recognized as "extraordinary circumstances" that are not part of the normal off? Pursuit of the business of the air carrier and the actual control of him are (ECJ, op. Et seq .; see Bartlik, RRa 2009 272; Schmid, RRa 2009.1).
Thus, for example, if the manufacturer of aircraft of the air carrier concerned discovered that the aircraft already in use have a hidden manufacturing defect which reduces the flight safety.

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