Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 17 November 2020 – EZ v Iberia Lineas Aereas de Espana, Sociedad Unipersonal

(Case C-606/20)

Language of the case: German

Referring court

Landgericht Düsseldorf

Parties to the main proceedings

Applicant: EZ

Defendant: Iberia Lineas Aereas de Espana, Sociedad Unipersonal

Question referred

Is the first sentence of Article 20 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, approved on its behalf by Council Decision 2001/539/EC of 5 April 2001 ¹ and entering into force on 28 June 2004, to be interpreted as meaning that the carrier is wholly or partly exonerated from its liability for loss of baggage pursuant to Article 17(2) of the Montreal Convention if a passenger transports new or as-new electronic items such as a compact camera, tablet (iPad) and wireless headphones in his checked baggage instead of his hand baggage without informing the carrier of this, even though it would have been possible and reasonable for the passenger to carry those electronic items with him in his hand baggage?

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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).