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Valentina R., lawyer
(Case C-301/08)
(Transport policy - Regulation (EC) No 2027/97 - Warsaw Convention - Air carrier liability in the event of accidents - Time-limit for bringing an action for damages in respect of harm suffered)
2009/C 297/14
Language of the case: French
Applicant: Irène Bogiatzi, married name Ventouras
Defendants: Deutscher Luftpool, Société Luxair, société luxembourgeoise de navigation aérienne SA, European Communities, Grand Duchy of Luxembourg, Foyer Assurances SA
Reference for a preliminary ruling — Court of Cassation (Luxembourg) — Interpretation of Article 5(1) and (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), in relation to Article 29 of the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929, as amended at The Hague on 28 September 1955 — Time-limit for bringing an action for compensation for damage suffered — Effect of an advance payment by the carrier, even if without the temporal framework provided for by the regulation, on the recognition of that carrier’s liability
1.The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as amended by the four additional protocols signed at Montreal on 25 September 1975, does not form part of the rules of the Community legal order which the Court of Justice has jurisdiction to interpret under Article 234 EC.
2.Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents must be interpreted as not precluding the application of Article 29 of the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as amended by the four additional protocols signed at Montreal on 25 September 1975, to a situation in which a passenger seeks to establish the liability of the air carrier on account of harm suffered by him when flying between Member States of the European Community.
(1) OJ C 236, 13.9.2008.