WALZ V CLICKAIR SA

Case C-63/09, Court of Justice of the European Communities, 6 May 2010

Carriage of passengers (Air) - Liability of carriers in respect of checked baggage - Limits of liability in case of destruction, loss, damage or delay of baggage - Concept of "damage" - Material and non-material damage - Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999 - Montreal Convention 1999, article 22(2)

Mr Waltz had suffered loss of checked baggage on a flight operated by the defendant and sued before the Spanish court, claiming compensation for both material and non-material damage. The Spanish court referred a question on the interpretation of article 22(2) to the Court of Justice of the European Communities. That provision provided for a limit of liability in case of loss or damage to luggage. The issue referred was whether the limit applied jointly or separately to material and non-material damage. The Court of Justice of the European Communities held that in the context of article 22(2) of the Montreal Convention, the term "damage" must be interpreted as including both material and non-material damage.