CELEX: 62021CN0111
Language: en
Date: 2021-02-25 00:00:00
Title: Case C-111/21: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 25 February 2021 — BT v Laudamotion GmbH

14.6.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 228/18
            
         
      Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 25 February 2021 — BT v Laudamotion GmbH
      (Case C-111/21)
      (2021/C 228/23)
      Language of the case: German
      
         Referring court
      
      Oberster Gerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: BT
      
         Defendant: Laudamotion GmbH
      
         Questions referred
      
      
                  1.
               
               
                  Does the psychological impairment of a passenger, which is caused by an accident and has clinical significance, constitute a ‘bodily injury’ within the meaning of Article 17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air concluded on 28 May 1999 in Montreal, signed on 9 December 1999 by the European Community and approved on its behalf by Council Decision 2001/539/EC (1) of 5 April 2001?
               
            
                  2.
               
               
                  If Question 1 is answered in the negative:
                  Does Article 29 of that convention preclude a claim for compensation which would exist under the applicable national law?
               
            
         (1)  : Council Decision 2001/539/EC of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ 2001 L 194, p. 38).