HomeCourt of Justice case law → C-549/07
C-549/072008Wallentin-Hermann Ruled for the passenger

Technical faults are not force majeure

The Court held that breakdowns inherent in the normal operation of an aircraft and detectable during routine maintenance are not extraordinary circumstances. Only a hidden manufacturing defect the carrier could not have known about may release it from liability — and the burden of proving that lies with the airline.

Why it matters: The phrase "technical reasons" in a rejection letter means nothing on its own — the carrier must prove the defect was latent.

These summaries are provided for understanding and do not replace legal advice. Full texts are available in the EUR-Lex database by case number.

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