June, 2024
The Court of Justice rules on the possibility of considering as an “extraordinary circumstance” the detection of a hidden design defect in an aircraft’s engine, even when the air carrier had been informed in advance of its existence
The detection of a hidden defect in the design of the engine of an aircraft which is to operate a flight is covered by the concept of “extraordinary circumstances” within the meaning of Regulation No 261/2004 even where the engine manufacturer had informed the air carrier of its existence several months before the flight concerned
The Court of Justice rules on the possibility to consider technical failures caused by a hidden design defect revealed by the manufacturer after cancellation of the flight as an “extraordinary circumstance”
The occurrence of an unexpected and unprecedented technical failure affecting a new aircraft model recently put into service, which results in the air carrier cancelling a flight, falls within the concept of “extraordinary circumstances” according to Regulation No 261/2004 where the aircraft’s manufacturer recognises, after that cancellation, that that failure was caused by a hidden design defect concerning all aircraft of the same type and impinging on flight safety