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06/05/2010
CBL Spanish Lawyers. Air Carrier Limited Compensation on Baggage Issues
Our Spanish Law Firm was made aware about a Judgment entered by the Court of Justice of the European Union, in respect of liabilities agreed in the Montreal Convention. The new decision lays down rules implying the preservation of a “fair balance of interests” between Air Carriers and passengers. It is ruled to make clear limits of compensation regarding the total damage suffered per passenger on each case. The nature of the damages caused to the passenger would not be taken in account.
The passenger claimed compensation for 3.200 Euros, of which 2,700 Euros were the value of the baggage lost and 500 of moral damages caused by the carrier’s loss.
The company challenged the amount being claimed, as this exceeded the liability limit for baggage loss agreed in the Montreal Convention. The said International agreement states that the carrier’s liability in case of baggage destruction, loss, damage or delay, it should be restricted to the passenger’s Special Drawing Right (circe 1,100 Euros), unless a passenger had made a special declaration, at check in, with the value of the property and had paid an extra deposit, if applicable.
The Court of Justice declares that in order to set a limit on the air carrier’s liability for any resulting damages, particularly in the loss of baggage; the term “damages” according to the Montreal Convention, must be include both moral and material damages.
Also, it is reminded in the said Judgment that the Montreal Convention lays out the possibility of a value special declaration when checking in to the air carrier, by paying an extra amount, if it applied. This possibility confirms that the limit of liability on air carriers for damages resulting from the loss of luggage, should there not be a declaration, must be a global limit that comprises moral and material damages. CBL Spanish Lawyers. Air Carrier Limited Compensation on Baggage Issues
Our Spanish Law Firm was made aware about a Judgment entered by the Court of Justice of the European Union, in respect of liabilities agreed in the Montreal Convention. The new decision lays down rules implying the preservation of a “fair balance of interests” between Air Carriers and passengers. It is ruled to make clear limits of compensation regarding the total damage suffered per passenger on each case. The nature of the damages caused to the passenger would not be taken in account.
The passenger claimed compensation for 3.200 Euros, of which 2,700 Euros were the value of the baggage lost and 500 of moral damages caused by the carrier’s loss.
The company challenged the amount being claimed, as this exceeded the liability limit for baggage loss agreed in the Montreal Convention. The said International agreement states that the carrier’s liability in case of baggage destruction, loss, damage or delay, it should be restricted to the passenger’s Special Drawing Right (circe 1,100 Euros), unless a passenger had made a special declaration, at check in, with the value of the property and had paid an extra deposit, if applicable.
The Court of Justice declares that in order to set a limit on the air carrier’s liability for any resulting damages, particularly in the loss of baggage; the term “damages” according to the Montreal Convention, must be include both moral and material damages.
Also, it is reminded in the said Judgment that the Montreal Convention lays out the possibility of a value special declaration when checking in to the air carrier, by paying an extra amount, if it applied. This possibility confirms that the limit of liability on air carriers for damages resulting from the loss of luggage, should there not be a declaration, must be a global limit that comprises moral and material damages. CBL Spanish Lawyers. Air Carrier Limited Compensation on Baggage Issues
Our Spanish Law Firm was made aware about a Judgment entered by the Court of Justice of the European Union, in respect of liabilities agreed in the Montreal Convention. The new decision lays down rules implying the preservation of a “fair balance of interests” between Air Carriers and passengers. It is ruled to make clear limits of compensation regarding the total damage suffered per passenger on each case. The nature of the damages caused to the passenger would not be taken in account.
The passenger claimed compensation for 3.200 Euros, of which 2,700 Euros were the value of the baggage lost and 500 of moral damages caused by the carrier’s loss.
The company challenged the amount being claimed, as this exceeded the liability limit for baggage loss agreed in the Montreal Convention. The said International agreement states that the carrier’s liability in case of baggage destruction, loss, damage or delay, it should be restricted to the passenger’s Special Drawing Right (circe 1,100 Euros), unless a passenger had made a special declaration, at check in, with the value of the property and had paid an extra deposit, if applicable.
The Court of Justice declares that in order to set a limit on the air carrier’s liability for any resulting damages, particularly in the loss of baggage; the term “damages” according to the Montreal Convention, must be include both moral and material damages.
Also, it is reminded in the said Judgment that the Montreal Convention lays out the possibility of a value special declaration when checking in to the air carrier, by paying an extra amount, if it applied. This possibility confirms that the limit of liability on air carriers for damages resulting from the loss of luggage, should there not be a declaration, must be a global limit that comprises moral and material damages.
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