It should also be recalled that contracts could, for instance, include both ordinary maintenance as well as provide for extraordinary maintenance interventions that might become necessary in order to ensure continuation of a public service.

If question 6 is answered to the effect that technical problems which are considered to be unexpected flight safety shortcomings constitute extraordinary circumstances which may justify invoking Article 5(3) of the Regulation if they arise from an event which is not inherent in the exercise of the activities of the airline and is beyond the actual control of the latter, does that then mean that a technical problem which arose spontaneously and is not attributable to poor maintenance and was moreover not detected during routine maintenance checks (the said A-D Checks and the Daily Control .) can or cannot constitute an extraordinary circu ...[+++]mstance — on the assumption that it could not be detected during the regular maintenance operations — because then no event as referred to in paragraph 26 can be identified and it is therefore also not possible to determine whether such an event is inherent in the exercise of the activities of the airline and is thus beyond the control of the air carrier?

It is apparent from paragraph 23 of the Wallentin judgment that a technical problem can be considered to be covered by ‘unexpected flight safety shortcomings’ and is therefore an ‘event’ within the meaning of paragraph 22 of the Wallentin judgment; the circumstances surrounding that event may nevertheless be regarded as extraordinary if they relate to an event which is not inherent in the normal exercise of the activities of the air carrier and beyond the actual control of that carrier on account of its nature or origin, as provided in paragraph 23 of the Wallentin judgment; according to paragraph 24 thereof, the resolution of a techni ...[+++]cal problem which can be traced back to poor maintenance of an aircraft is inherent in the normal exercise of an air carrier’s activity; therefore, according to paragraph 25 of the Wallentin judgment, such technical problems cannot constitute extraordinary circumstances.

If question 6 is answered to the effect that technical problems which are considered to be unexpected flight safety shortcomings are events as referred to in paragraph 22 and the technical problem arose spontaneously and is not attributable to poor maintenance and was moreover not detected during routine maintenance checks (the said A-D Checks and the Daily Control), what circumstances should then surround that technical problem and when should those circumstances be regarded as extraordinary so that they may be relied upon for the purposes of Article 5(3) of the Regulation?

It goes further to provide examples of circumstances which are considered extraordinary For example, natural disasters or strikes by air traffic controllers should be seen as extraordinary, but technical problems identified during routine aircraft maintenance should not. This will give a lot more certainty to airlines and passengers alike.

The project concerns the difficult restoration work of the embankments and the planting of a new hedge, as well as the renovation of the bridge which provides access to the park.