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Case C-315/11: Reference for a preliminary ruling from the Rechtbank Breda (Netherlands) lodged on 27 June 2011 — A. T. G. M. Van de Ven & M. A. H. T. Van de Ven-Janssen v Koninklijke Luchtvaart Maatschappij N.V.
ECLI:EU:UNKNOWN:62011CN0315
62011CN0315
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10.9.2011
Official Journal of the European Union
C 269/27
(Case C-315/11)
2011/C 269/51
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicants:
Defendant: Koninklijke Luchtvaart Maatschappij N.V.
Questions referred
1.Is a right to compensation in case of delay, as described in Article 7 of Regulation No 261/2004, consistent with the last sentence of Article 29 of the Montreal Convention, given the fact that, according to the first sentence of Article 29 of the Montreal Convention, actions for damages founded in contract, in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in the Montreal Convention?
2.If a right to compensation in case of delay, as described in Article 7 of Regulation No 261/2004, is not consistent with Article 29 of the Montreal Convention, are any limitations then imposed in respect of the moment when the ruling of the Court of Justice enters into effect as regards the present case and/or in general?
(1) Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1)
(2) See Council Decision 2001/539/EC of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ 2001 L 194, p. 38)