INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW 4.1. Technical issues Considering the conditions under which air transport is conducted and the technological complexities of aircraft, air carriers typically encounter various technical malfunctions as an inevitable consequence of their operation.70 Furthermore, due to the frequency of such malfunctions these aircraft undergo rigorous inspections. All these reasons argue in favour of the position that technical issues do not qualify as extraordinary circumstances, especially when discovered during maintenance,71 even if they appear to be unexpected errors.72 Exceptions to this rule are possible when there is damage to the aircraft due to sabotage or terrorist acts or when a hidden manufacturing defect affecting flight safety is discovered while the aircraft is already in use.73 In Germanwings74 the CJEU determined that a tire malfunction caused by a foreign object on the runway is not inherently connected to the regular conduct of the airline activity. Due to specific limitations, such as the takeoff and landing speed restrictions imposed on the carrier, and the fact that maintaining the runway is not within the carrier's jurisdiction, it cannot be considered that the carrier had actual control over the incident.75 Consequently, such a malfunction causing a delay can be considered as extraordinary circumstance.76 Often, technical issues are not directly related to a specific aircraft but to the operation of the airport itself. The German Federal Court of Justice faced a claim for compensation from a plaintiff who sought damages from the carrier due to a several-hour malfunction of computer systems at airport check-in counters, preventing the planned departure of the aircraft. In this case, the court found that the airline relied on the technical capacity of the airport, with the airport operator being responsible for the proper functioning and maintenance of technical devices. Technical problems were therefore outside the usual activities of the air carrier, justifying the existence of extraordinary circumstances.77 Associated with this was also the question of whether a fuel spill on the airport runway leading to its closure should be categorized as extraordinary 70 Case C-549/07, Wallentin-Hermann of 22 December 2008, para. 24. 71 Ibid. 72 Burke and Molitorisová, 2024, p. 19. 73 Case C-549/07, Wallentin-Hermann of 22 December 2008, paras. 24-26. 74 Case C-501/17, Germanwings of 4 April 2019. 75 Ibid., para. 26. 76 Ibid., paras. 27-28. 77 Judgement of the German Federal Court of Justice, No. X ZR 15/18 of 15 January 2019.
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