Case C-283/22, Ministerstvo vnútra Slovenskej republiky: Judgment of the Court (Eighth Chamber) of 16 November 2023 (request for a preliminary ruling from the Okresný súd Prešov — Slovakia) — DZ, YV, EO, YE, MP v Ministerstvo vnútra Slovenskej republiky (Reference for a preliminary ruling — Carriage by air — Montreal Convention — Article 1(1) and (2) — Scope — Concept of ‘international carriage’ — Article 2(1) — Concept of ‘Carriage performed by the State’ — Article 17(1) — Liability of air carriers in the event of death or bodily injury of a passenger — Air carrier and aircraft operator insurance — Regulation (EC) No 785/2004 — Article 1(1) and Article 2(1) and (2)(a) — Scope — Concept of ‘State aircraft’ — Article 4(1) — Minimum insurance requirements for air carriers and aircraft operators — Crash of a helicopter operated by the public administration of a Member State during a specialised evacuation and rescue training exercise — Death of an officer of the firefighting and rescue unit participating in that exercise — Compensation)
Date: 2023-11-16
Institutions: Court of Justice
Subjects: compulsory insurance, contract of carriage, crew, employer, fire protection, helicopter, in-service training, traveller








C_202400513EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/513


8.1.2024





Judgment of the Court (Eighth Chamber) of 16 November 2023 (request for a preliminary ruling from the Okresný súd Prešov — Slovakia) — DZ, YV, EO, YE, MP v Ministerstvo vnútra Slovenskej republiky
(Case C-283/22, (1) Ministerstvo vnútra Slovenskej republiky)
(Reference for a preliminary ruling - Carriage by air - Montreal Convention - Article 1(1) and (2) - Scope - Concept of ‘international carriage’ - Article 2(1) - Concept of ‘Carriage performed by the State’ - Article 17(1) - Liability of air carriers in the event of death or bodily injury of a passenger - Air carrier and aircraft operator insurance - Regulation (EC) No 785/2004 - Article 1(1) and Article 2(1) and (2)(a) - Scope - Concept of ‘State aircraft’ - Article 4(1) - Minimum insurance requirements for air carriers and aircraft operators - Crash of a helicopter operated by the public administration of a Member State during a specialised evacuation and rescue training exercise - Death of an officer of the firefighting and rescue unit participating in that exercise - Compensation)
(C/2024/513)
Language of the case: Slovak

Referring court

Okresný súd Prešov

Parties to the main proceedings


Applicants: DZ, YV, EO, YE, MP

Defendant: Ministerstvo vnútra Slovenskej republiky

Intervening parties: KOOPERATIVA Poisťovňa a.s., Vienna Insurance Group, Generali Česká pojišťovna a.s., formerly Generali Poisťovňa a.s.

Operative part of the judgment







1.


Article 17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999, signed by the European Community on 9 December 1999 and approved on its behalf by Council Decision 2001/539/EC of 5 April 2001, read in conjunction with Article 1 and Article 2(1) of that convention,
must be interpreted as meaning that it cannot confer a right to compensation on the successors of a person who, during his or her participation in the specialised training of officers of the firefighting and rescue unit, carried out in the military sector of an airport of a State Party, died as a result of the crash of a helicopter operated by police services, when that person was suspended from a hoist cable connected to that helicopter, since such a situation cannot be classified as ‘international carriage’ or as ‘carriage performed by the State’ within the meaning of Article 1 and Article 2(1) of that convention, respectively.










2.


The combined provisions of Article 1(1), Article 2(2)(a) and Article 4(1) of Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators
must be interpreted as meaning that they cannot confer a right to compensation on the successors of a person who, during his or her participation in the specialised training of officers of the firefighting and rescue unit, carried out in the military sector of an airport of a Member State, died as a result of the crash of a helicopter operated by police services, when that person was suspended from a hoist cable connected to that helicopter, which is a ‘State aircraft’.






(1)  
            OJ C 303, 8.8.2022.


ELI: http://data.europa.eu/eli/C/2024/513/oj
ISSN 1977-091X (electronic edition)