“…In contrast, “extraordinary circumstances” were held to exist where a plane had collided with a bird (Case C-315/15Pešková v Travel Service AS EU:C:2017:342, [2017] Bus LR 1134 (“Pešková”)), where a tyre of an aircraft had been damaged by a screw lying on the runway (Pauels), where petrol on a runway had resulted in its closure (Case …”
“…By contrast, in Peskova & Anr v Travel Service as (Case C-315/15, EU:C:2017:342); [2017] Bus LR 1134,the CJEU disagreed with the opinion of the AG, and held that a delay due to a bird strike amounted to extraordinary circumstances. Unlike the AG’s opinion, the…”
“…rprising that the collision was found to be inherent in the normal exercise of the activity of the carrier. 29.Finally, in Pešková and Another v Travel Service [2017] Bus LR 1134, the delay was caused in part by a bird strike and in part by the carrier’s decision to fly out their own engineer to consider the extent of the damage to the …”