The case concerned a passenger who had lost his suitcase during a flight between Barcelona and Porto. The man requested compensation of € 3 200. € 2 700 for the value of his luggage and € 500 for non-material damage.
The airline opposed the claim since it exceeded the amount that follows international rules – The Montreal convention – which controls the airlines’ liability for damages.
The dispute ended up in a Spanish court and the court turned to the Court of Justice for advice. After an interpretation of the Montreal convention, the ECJ confirms that the reimbursement for lost luggage should be limited to 1000 SDR (Special Drawing Rights) which is a little over € 1 134. That limit is absolute and includes both material and non-material damage.
