Strict Liability Of Airline Carriers Under The Montreal Convention

On 6 July 2023, the European Court of Justice ('ECJ') delivered a preliminary ruling concerning a request on the interpretation of Articles 17(1), 29 and 35 of the Convention of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999 ('Montreal Convention'). The request was made in proceedings of the case of DB ('plaintiff') vs Austrian Airlines AG ('defendant'), which related to a claim brought by the plaintiff seeking compensation for injuries caused by the defendant and for injuries caused and for inadequate first aid administered mid-flight.

Facts of the Case

On 18 December 2016, the plaintiff was on a flight operated by the defendant company, during which the plaintiff was scalded with hot coffee that fell off the catering trolley, following which, first aid services were administered. A few years later, on 31 May 2019, DB brought an action before the Handelsgericht Wien ('Vienna Commercial Court') against the defendant, in