Germany: new reference for ECJ preliminary ruling regarding Reg. 261/2004 and Montreal Convention

The German court “Amtsgericht Geldern” has referred the following questions to the ECJ:Does the right to compensation laid down in Article 7 of the Air Passenger Rights Regulation constitute a claim for damages which is subject to the limits of liability set out in the Montreal Convention, by virtue of the first sentence of Article 29 thereof, where it is to be granted because of a long delay of a flight?Is the right to compensation under Article 7 of the Air Passenger Rights Regulation non-compensatory within the meaning of the second sentence of Article 29 of the Montreal Convention in so far as it exceeds the damage incurred by the air passenger as a result of the long delay? Does this preclude a right to compensation entirely or does such a right arise in the event of delays only in the amount of the damage actually incurred?Case: C-255/11, Nadine Büsch and Björn Siever v. RyanairThe new reference fits into a number of motions filed by other courts, seeking clarification (or even revision) of the ‘Sturgeon-Doctrine’.

Leave a Comment