The EU Court of Justice ruled on Thursday 9 July (Case C-86-19) that a passenger whose baggage has been misplaced by the airline cannot automatically receive the maximum compensation of €1,400 provided for by the Montreal Convention for destruction, loss, damage or delay of checked baggage as compensation for non-material damage if, on delivery of the baggage, he or she has not made a special declaration of interest describing in detail the weight and value of its contents.
In the absence of such a declaration, it will be for the national court to determine the amount of compensation to be paid within the limit of that sum, taking into account the circumstances of the case and in accordance with the rules of applicable law, in particular as regards evidence.
The Court was responding to a national court hearing a dispute between a passenger and the Vueling Airlines. The national court asked, in particular, whether the limit of compensation provided for by the Montreal Convention for loss of luggage must be granted automatically to the passenger by the airline after the loss of luggage has been established or whether it must be reviewed by the national court, which may assess the amount of the non-material damage or grant the maximum amount provided for if the passenger proves, by whatever means accepted by law, that the value of the objects contained in his baggage or the weight of that baggage may lead to the grant of the full amount of that compensation. (Original version in French by Francesco Gariazzo)