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Aircraft Faulty Maintenance Technical Problem Law Case

Aircraft Faulty Maintenance

To eliminate a technical problem that has arisen as a result of faulty maintenance of the aircraft is considered according to the ECJ (European Court of Justice, op. 24) as part of the normal duties of an air transport company. Therefore, technical problems, which can already be seen in the maintenance or not even come to the fore, because there is no maintenance, not as an "extraordinary circumstances" (Art. 5, para. 3 of Regulation no. 261/2004 ECJ, supra, para. 24) are considered.
In this case, one can not claim that it has complied with the statutory minimum rules on maintenance (ECJ, supra, Ls 2 and 3, as well. BGH, v 12.11.2009 -XaZR 76/07, RRa2010, 34 = NJW.. 2010, 1070 = Cnt 2012 427, paragraph 23; cf. also Kober Dehm / Meier-Beck, RRa 2010 250 254 f)...

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