Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 25 February 2021 – BT v Laudamotion GmbH

(Case C-111/21)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: BT

Defendant: Laudamotion GmbH

Questions referred

Does the psychological impairment of a passenger, which is caused by an accident and has clinical significance, constitute a ‘bodily injury’ 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 1 of 5 April 2001?

If Question 1 is answered in the negative:

Does Article 29 of that convention preclude a claim for compensation which would exist under the applicable national law?

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1 : Council Decision 2001/539/EC 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).