CELEX: 62018CN0532
Language: en
Date: 2018-08-14 00:00:00
Title: Case C-532/18: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 14 August 2018 — GN, represented by the father HM v ZU, acting as administrator in the insolvency of Niki Luftfahrt GmbH

26.11.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 427/9
            
         
      Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 14 August 2018 — GN, represented by the father HM v ZU, acting as administrator in the insolvency of Niki Luftfahrt GmbH
      (Case C-532/18)
      (2018/C 427/13)
      Language of the case: German
      
         Referring court
      
      Oberster Gerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: GN, represented by the father HM
      
         Defendant: ZU, acting as administrator in the insolvency of Niki Luftfahrt GmbH
      
         Questions referred
      
      Where a cup of hot coffee, which is located on the shelf of the seat in front of a person in an aircraft in flight, for unknown reasons slides and tips over, causing a passenger to suffer scalding, does this constitute an ‘accident’ triggering a carrier’s liability within the meaning of 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 on 9 December 1999 by the European Community on the basis of Article 300(2) EC and approved on behalf of the European Community by Council Decision 2001/539/EC (1) of 5 April 2001 (Montreal Convention, MC)?
      
         (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).