Language of document :

Judgment of the Court (Fourth Chamber) of 12 May 2021 (request for a preliminary ruling from the Oberster Gerichtshof – Austria) – YL v Altenrhein Luftfahrt GmbH

(Case C-70/20) 1

(Reference for a preliminary ruling – Air transport – Montreal Convention – Article 17(1) – Air carrier liability in the event of accidents – Concept of ‘accident’ – Hard landing made within the normal operating range of an aircraft – Bodily injury allegedly sustained by a passenger during such a landing – No accident)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: YL

Defendant: Altenrhein Luftfahrt GmbH

Operative part of the judgment

Article 17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999, signed by the European Community on 9 December 1999 and approved on its behalf by Council Decision 2001/539/EC of 5 April 2001 must be interpreted as meaning that the concept of ‘accident’ laid down in that provision does not cover a landing that has taken place in accordance with the operating procedures and limitations applicable to the aircraft in question, including the tolerances and margins stipulated in respect of the performance factors that have a significant impact on landing, and taking into account the rules of the trade and best practice in the field of aircraft operation, even if the passenger concerned perceives that landing as an unforeseen event.

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1 OJ C 201, 15.6.2020.