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Case C-876/24, Vueling Airlines: Request for a preliminary ruling from the Juzgado de Primera Instancia No 1 de Fuenlabrada (Spain) lodged on 18 December 2024 – I.G.V. v Vueling Airlines, S.A.

ECLI:EU:UNKNOWN:62024CN0876

62024CN0876

December 18, 2024
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Official Journal of the European Union

C series

C/2025/2177

22.4.2025

(Case C-876/24, Vueling Airlines)

(C/2025/2177)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: I.G.V.

Defendant: Vueling Airlines, S.A.

Questions referred

Must Article 3(1) of Regulation (EC) No 2027/97 (<span class="oj-super oj-note-tag">1</span>) be interpreted as meaning that the liability of a Community air carrier in respect of the carriage of passengers and their baggage is also to be governed by Article 33 of the Montreal Convention in the case of carriage within a Member State of the European Union?

May Article 33(1) of the Montreal Convention be interpreted as meaning that the place where the carrier has a place of business through which the air transport contract has been entered into could be the principal and permanent residence of the passenger, if the contract was entered into online?

Must Article 33(1) of the Montreal Convention be interpreted as meaning that the place where the carrier has a place of business through which the contract has been entered into refers to the place in which the principal obligation of carriage by air was contracted for and not the place in which the ancillary service, from which the carrier’s liability arises, was contracted for, if the latter place differs from the former?

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), as amended by Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 (OJ 2002 L 140, p. 2).

ELI: http://data.europa.eu/eli/C/2025/2177/oj

ISSN 1977-091X (electronic edition)

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