LUGGAGE

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Among the questions concerning luggage, the Court has been called on to specify the maximum amount that passengers can claim as compensation for the material and non-material damage that they have suffered as a result of the destruction    or loss of their luggage. The Court has also addressed the question of whether airlines can charge passengers for the price of transporting luggage.

Under the 1999 Montreal Convention, an airline's liability in cases of destruction or loss of luggage is limited to approximately 1 300 euros. The Court has indicated that that ceiling covers all types of damage, that is to say, both material and non material damage. The Court has taken the view that the compensation ceiling applies to the total damage suffered by each passenger, irrespective of the nature of the damage (judgment of 6 May 2010, Walz, C-63/09).

The Court has also recognised that the price of transporting luggage can be charged in addition to the price of the plane ticket, which is what most low-cost airlines do. However, the Court has indicated that cabin luggage cannot be subject to a price supplement, given that it must be regarded as a necessary item for the carriage of passengers (judgment of 18 September 2014, Vueling Airlines, C-487/12).

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