Hidden design defect as an “extraordinary circumstances” under Regulation (EC) No 261/2004
Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Giandomenico Milillo
Publishing Year 2025 Issue 2025/45
Language Italian Pages 18 P. 125-142 File size 272 KB
DOI 10.3280/DT2025-045006
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The Court of Justice of the European Union has once again intervened on the subject of “extraordinary circumstances” within the meaning of Article 5(3) of Regulation (EC) No 261/2004. Following a double reference for a preliminary ruling, the Court from Luxembourg was called upon to verify whether a technical failure resulting from a hidden design defect revealed by the manufacturer could constitute an “extraordinary circumstances” within the meaning of Article 5(3) of Regulation (EC) No 261/2004 and, therefore, release the carrier from the obligation to pay compensation under Article 7 of that regulation. The EU judges then elaborated on the concept of “all reasonable measures” within the meaning of recital 14 and Article 5 §3 of Regulation (EC) No. 261/2004.
Giandomenico Milillo, Il vizio occulto di progettazione quale “circostanza eccezionale” ai sensi del regolamento (CE) n. 261/2004 in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 45/2025, pp 125-142, DOI: 10.3280/DT2025-045006