Language of document :

Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 12 February 2020 — YL v Altenrhein Luftfahrt GmbH

(Case C-70/20)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: YL

Defendant: Altenrhein Luftfahrt GmbH

Question referred

Does a hard landing, albeit still made within the normal operating range of an aircraft, which results in injury to a flight passenger constitute an accident within the meaning of Article 17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air concluded on 28 May 1999 in Montreal, signed on 9 December 1999 by the European Community and approved on its behalf by Council Decision 2001/539/EC of 5 April 2001? 1

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1 2001/539/EC: Council Decision 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).