Case C-258/16: Judgment of the Court (Third Chamber) of 12 April 2018 (request for a preliminary ruling from the Korkein oikeus — Finland) — Finnair Oyj v Keskinäinen Vakuutusyhtiö Fennia (Reference for a preliminary ruling — Air transport — Montreal Convention — Article 31 — Liability of air carriers for checked baggage — Requirements as to the form and content of the written complaint sent to the air carrier — Complaint made electronically and recorded in the air carrier’s information system — Complaint made on behalf of the person entitled to delivery of checked baggage or cargo by an agent of the air carrier)

Judgment of the Court (Third Chamber) of 12 April 2018 (request for a preliminary ruling from the Korkein oikeus — Finland) — Finnair Oyj v Keskinäinen Vakuutusyhtiö Fennia

(Case C-258/16) ( 1 )

‛(Reference for a preliminary ruling — Air transport — Montreal Convention — Article 31 — Liability of air carriers for checked baggage — Requirements as to the form and content of the written complaint sent to the air carrier — Complaint made electronically and recorded in the air carrier’s information system — Complaint made on behalf of the person entitled to delivery of checked baggage or cargo by an agent of the air carrier)’

Referring court

Korkein oikeus

Parties to the main proceedings

Applicant: Finnair Oyj

Defendant: Keskinäinen Vakuutusyhtiö Fennia

Operative part of the judgment

1. Article 31(4) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded at Montreal on 28 May 1999 and approved on behalf of the European Community by Council Decision 2001/539/EC of 5 April 2001, must be interpreted as meaning that, within the periods referred to in Article 31(2) of that convention, the complaint must be made in writing, in accordance with Article 31(3) thereof, failing which no action may be brought against the carrier.

2. A complaint, such as that at issue in the main proceedings, recorded in the information system of the air carrier, fulfils the requirement of being in a written form under Article 31(3) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded at Montreal on 28 May 1999.

3. Article 31(2) and (3) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded at Montreal on 28 May 1999, must be interpreted as not precluding the requirement of being in a written form from being regarded as fulfilled in the case where, with the knowledge of the passenger, a representative of the air carrier records in writing the declaration of loss either on paper or electronically in the carrier’s information system, provided that that passenger can check the accuracy of the text of the complaint, as taken down in writing and entered in that system, and can, where appropriate, amend or supplement it, or even replace it, before expiry of the period laid down in Article 31(2) of that convention.

4. Article 31 of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded at Montreal on 28 May 1999, must be interpreted as not making a complaint subject to further substantive requirements in addition to that of giving notice to the air carrier of the damage sustained.

( 1 ) OJ C 260, 18.7.2016.