26.1.2013

Official Journal of the European Union

C 26/12

(Case C-410/11) (<span class="super">1</span>)

(Air transport - Montreal Convention - Article 22(2) - Liability of carriers in respect of baggage - Limits of liability in the event of the destruction, loss, damage or delay of baggage - Shared baggage belonging to a number of passengers - Baggage checked in by one of those passengers)

2013/C 26/21

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicants: Pedro Espada Sánchez, Alejandra Oviedo Gonzáles, Lucía Espada Oviedo, Pedro Espada Oviedo

Defendant: Iberia Líneas Aéreas de España SA

Re:

Reference for a preliminary ruling — Audiencia Provincial de Barcelona — Interpretation of Articles 3(3) and 22(2) of the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention), (Council Decision 2001/539/EC, OJ 2001 L 194, p. 38) — Air carrier liability in respect of the carriage of passengers and their baggage by air — Limits of liability in the event of the destruction, loss, damage or delay of baggage

Operative part of the judgment

Article 22(2) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999, signed by the European Community on 9 December 1999 and approved on its behalf by Council Decision 2001/539/EC of 5 April 2001, read in conjunction with Article 3(3) of that convention, must be interpreted as meaning that the right to compensation and the limits to a carrier’s liability in the event of loss of baggage apply also to a passenger who claims that compensation by virtue of the loss of baggage checked in in another passenger’s name, provided that that lost baggage did in fact contain the first passenger’s items.

* Language of the case: Spanish.