FRIEDERIKE WALLENTIN-HERMANN V ALITALIA – LINEE AEREE ITALIANE SPA

Case C-549/07, European Court of Justice, Judgment of the Court (Fourth Chamber), 22 December 2008

Carriage by air –Compensation and assistance to passengers in the event of cancellation of flights – Exemption from the obligation to pay compensation – Cancellation due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken – Art 5, Regulation (EC) No 261/2004 – Montreal Convention

Ms W-H commenced litigation against Alitalia following the airline’s refusal to pay compensation to her after the cancellation of her flight due to a complex engine defect. This was a reference for a preliminary ruling under Article 234 EC from the Handelsgericht Wien (Austria) to the European Court of Justice. The case turned on the interpretation of Article 5(3) of 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 long delay of flights.