# C_2009297EN.01001302.xml

| 5.12.2009 | EN | Official Journal of the European Union | C 297/13 |
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5.12.2009

EN

Official Journal of the European Union

C 297/13

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Judgment of the Court (Fourth Chamber) of 22 October 2009 (reference for a preliminary ruling from the Cour de cassation (Luxembourg)) — Irène Bogiatzi, married name Ventouras v Deutscher Luftpool, Société Luxair, société luxembourgeoise de navigation aérienne SA, European Communities, Grand Duchy of Luxembourg, Foyer Assurances SA

(Case C-301/08) (1)

1

(Transport policy - Regulation (EC) No 2027/97 - Warsaw Convention - Air carrier liability in the event of accidents - Time-limit for bringing an action for damages in respect of harm suffered)

2009/C 297/14

Language of the case: French

Referring court

Referring court

Cour de cassation

Parties to the main proceedings

Parties to the main proceedings

Applicant: Irène Bogiatzi, married name Ventouras

Applicant:

Defendants: Deutscher Luftpool, Société Luxair, société luxembourgeoise de navigation aérienne SA, European Communities, Grand Duchy of Luxembourg, Foyer Assurances SA

Defendants:

Re:

Re:

Reference for a preliminary ruling — Court of Cassation (Luxembourg) — Interpretation of Article 5(1) and (3) of Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents (OJ 1997 L 285, p. 1), in relation to Article 29 of the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929, as amended at The Hague on 28 September 1955 — Time-limit for bringing an action for compensation for damage suffered — Effect of an advance payment by the carrier, even if without the temporal framework provided for by the regulation, on the recognition of that carrier’s liability

Operative part of the judgment

Operative part of the judgment

| 1. | The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as amended by the four additional protocols signed at Montreal on 25 September 1975, does not form part of the rules of the Community legal order which the Court of Justice has jurisdiction to interpret under Article 234 EC. |
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1.

The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as amended by the four additional protocols signed at Montreal on 25 September 1975, does not form part of the rules of the Community legal order which the Court of Justice has jurisdiction to interpret under Article 234 EC.

| 2. | Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents must be interpreted as not precluding the application of Article 29 of the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as amended by the four additional protocols signed at Montreal on 25 September 1975, to a situation in which a passenger seeks to establish the liability of the air carrier on account of harm suffered by him when flying between Member States of the European Community. |
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2.

Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents must be interpreted as not precluding the application of Article 29 of the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as amended by the four additional protocols signed at Montreal on 25 September 1975, to a situation in which a passenger seeks to establish the liability of the air carrier on account of harm suffered by him when flying between Member States of the European Community.

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(1)  OJ C 236, 13.9.2008.

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