Official Journal of the European Union

C 179/10

Judgment of the Court (Third Chamber) of 6 May 2010 (reference for a preliminary ruling from the Juzgado de lo Mercantil n° 4 de Barcelona — Spain) — Axel Walz v Clickair S.A.

(Case C-63/09) (<span class="oj-super oj-note-tag">1</span>)

(Air transport - Montreal Convention - Liability of carriers in respect of checked baggage - Article 22(2) - Limits of liability in case of destruction, loss, damage or delay of baggage - Concept of ‘damage’ - Material and non-material damage)

(2010/C 179/15)

Language of the case: Spanish

Referring court

Juzgado de lo Mercantil n° 4 de Barcelona

Parties to the main proceedings

Applicant: Axel Walz

Defendant: Clickair S.A.

Re:

Reference for a preliminary ruling — Juzgado de lo Mercantil n° 4 (Barcelona) — Interpretation of Article 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. 39) — Jurisdiction of the Court — Interpretation of Article 3 of Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents (OJ 1997 L 285, p. 1) — Air carrier liability in respect of the carriage of passengers and their baggage by air — Limit of liability in case of destruction, loss, damage or delay of baggage — Material and non-material damage

Operative part of the judgment

The term ‘damage’, which underpins Article 22(2) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999, that sets the limit of an air carrier’s liability for the damage resulting, inter alia, from the loss of baggage, must be interpreted as including both material and non-material damage.

(<span class="oj-super">1</span>) OJ C 102, 1.5.2009.