CELEX: 62019CN0086
Language: en
Date: 2019-02-06 00:00:00
Title: Case C-86/19: Request for a preliminary ruling from the Juzgado de lo Mercantil n.o 9 de Barcelona (Spain) lodged on 6 February 2019 — SL v Vueling Airlines S.A.

13.5.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 164/19
            
         
      Request for a preliminary ruling from the Juzgado de lo Mercantil n.o 9 de Barcelona (Spain) lodged on 6 February 2019 — SL v Vueling Airlines S.A.
      (Case C-86/19)
      (2019/C 164/21)
      Language of the case: Spanish
      
         Referring court
      
      Juzgado de lo Mercantil n.o 9 de Barcelona
      
         Parties to the main proceedings
      
      
         Applicant: SL
      
         Defendant: Vueling Airlines S.A.
      
         Question referred
      
      Where the loss of a suitcase has been established, must the airline compensate the passenger in each and every case with the maximum compensation limit of SDR 1 131, since that is the most serious of the situations provided for in Articles 17(2) and 22(2) of the Montreal Convention of 28 May 1999, or is that maximum compensation limit one which can be adjusted by the court, including in the event of loss of a suitcase, in the light of the circumstances, so that the amount of SDR 1 131 will be awarded only if the passenger establishes, by whatever means are permitted in law, that the value of the items and personal effects he was carrying in the checked baggage, and of those which he had to purchase to replace them, came to that limit, or, failing that, may other criteria be taken into account, such as, for example, the weight of the suitcase or whether the baggage was lost on the outbound or return journey, for the purposes of assessing the non-material damage caused by the inconvenience arising from the loss of the passenger’s baggage?