CELEX: 62018CA0532
Language: en
Date: 2019-12-19 00:00:00
Title: Case C-532/18: Judgment of the Court (Fourth Chamber) of 19 December 2019 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — GN, represented for legal purposes by HM v ZU, acting as administrator in the insolvency of Niki Luftfahrt GmbH (Reference for a preliminary ruling — Air transport — Montreal Convention — Article 17(1) — Air carrier liability in the event of accidents — Concept of ‘accident’ — Aircraft in flight — Spillage of a cup of coffee placed on the tray table of a seat — Bodily injuries caused to the passenger)

24.2.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 61/13
            
         
      Judgment of the Court (Fourth Chamber) of 19 December 2019 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — GN, represented for legal purposes by HM v ZU, acting as administrator in the insolvency of Niki Luftfahrt GmbH
      (Case C-532/18) (1)
      
      (Reference for a preliminary ruling - Air transport - Montreal Convention - Article 17(1) - Air carrier liability in the event of accidents - Concept of ‘accident’ - Aircraft in flight - Spillage of a cup of coffee placed on the tray table of a seat - Bodily injuries caused to the passenger)
      (2020/C 61/14)
      Language of the case: German
      
         Referring court
      
      Oberster Gerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: GN, represented for legal purposes by HM
      
         Defendant: ZU, acting as administrator in the insolvency of Niki Luftfahrt GmbH
      
         Operative part of the judgment
      
      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, must be interpreted as meaning that the concept of ‘accident’ within the meaning of that provision covers all situations occurring on board an aircraft in which an object used when serving passengers has caused bodily injury to a passenger, without it being necessary to examine whether those situations stem from a hazard typically associated with aviation.
      
         (1)  OJ C 427, 26.11.2018.