INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW which an air carrier has no control, because they are caused by a natural event or by a third party, such as another air carrier or a public or private actor interfering with the air or airport activity, such as : - the closure of part of European airspace following the eruption of the Eyjafjallajökull volcano CJEU 31 January 2013 Denise McDonagh contre Ryanair Ltd Affaire C-12/11; - the collision between an aircraft and a bird (CJEU 4 May 2017, Case Marcela Pešková and Jirí Pešká v Travel Service a.s. C-315/15); - the damage to an aircraft tyre by a screw on the airport runway preventing take-off (CJEU 4 Apr 2019, Case C-501/17; - the presence of petrol on an airport runway which has led to the closure of the runway, where the petrol in question did not come from an aircraft of the carrier which carried out that flight (CJEU, 26 June 2019, Case Moens v Ryanair Ltd Case C-159/18); - a generalised failure of the fuel supply where the airport of origin of the flights or aircraft concerned is responsible for managing the aircraft fuel supply system (CJUE 7 July 2022 in case SATA International - Azores Airlines SA ° C-308/2); - the unruly behaviour of a passenger which has justified the pilot in command of the aircraft in diverting the flight (CJEU, judgment of 11 June 2020 in the Transportes Aéreos Portugueses case no. C74/19). Then, quite logically, the answer of the European Court of Justice in the latter judgment of May 16, 2024 to the question referred is clear: the fact that the airport operator's staff responsible for loading baggage onto aircraft was insufficient in number may constitute an "extraordinary circumstance". 3. THE CONCEPT OF REASONABLE MEASURES However, to the question of whether the air carrier whose flight has been delayed for a long time as a result of such an extraordinary circumstance is relieved of its obligation to pay compensation to passengers the answer is not so clear, since the Court adds that the air carrier must prove that the
RkJQdWJsaXNoZXIy MTE4NzM5Nw==