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Thread: [LO claims RR issues are] EC 261 "extraordinary circumstances" ?
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Old Dec 2, 2019 | 5:24 am
  #6  
TPJ
 
Join Date: Jun 2008
Programs: TK*G (E+), IHG Plat Ambassador
Posts: 7,884
The Alitalia case:

CURIA - Documents

Bottom line - maintenance is not considered force majeure:

The fact that an air carrier has complied with the minimum rules on maintenance of an aircraft cannot in itself suffice to establish that that carrier has taken ‘all reasonable measures’ within the meaning of Article 5(3) of Regulation No 261/2004 and, therefore, to relieve that carrier of its obligation to pay compensation provided for by Articles 5(1)(c) and 7(1) of that regulation.
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