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Case C-510/21, Austrian Airlines (First aid on board an aircraft): Judgment of the Court (Third Chamber) of 6 July 2023 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — DB v Austrian Airlines AG (Reference for a preliminary ruling — Air transport — Montreal Convention — Article 17(1) — Liability of air carriers for death or injury sustained by passengers — Concept of ‘accident’ — Bodily injuries aggravated by first aid administered following an accident that took place on board an aircraft)
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62021CA0510
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Official Journal of the European Union
C 296/5
(Case C-510/21, (1) Austrian Airlines (First aid on board an aircraft)
(Reference for a preliminary ruling - Air transport - Montreal Convention - Article 17(1) - Liability of air carriers for death or injury sustained by passengers - Concept of ‘accident’ - Bodily injuries aggravated by first aid administered following an accident that took place on board an aircraft)
(2023/C 296/04)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: DB
Defendant: Austrian Airlines AG
Operative part of the judgment
Article 17(1) 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,
must be interpreted as meaning that the inadequate first aid administered on board an aircraft to a passenger, which aggravated the bodily injuries caused by an ‘accident’, within the meaning of that provision, must be regarded as forming part of that accident.
(1) OJ C 513, 20.12.2021.