On 12 May 2021, the Court of Justice handed down its judgment in Case C‑70/20, YL v Altenrhein Luftfahrt GmbH, on the interpretation of Article 17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air (“Montreal Convention”). The request has been made in proceedings between YL and Altenrhein Luftfahrt GmbH (“Altenrhein”), an air carrier, concerning a claim for damages brought by YL for bodily injury allegedly sustained during the landing of a flight operated by that carrier.

Due to a spinal disc injury suffered as a result of the landing of a flight operated by Altenrhein from Vienna (Austria) to St. Gallen (Switzerland), YL brought an action before the Handelsgericht Wien (Commercial Court of Vienna) seeking a declaration that Altenrhein was liable for the damage she claimed to have suffered, stating that that landing should have been classified as “hard” and, consequently, as an accident within the meaning of Article 17(1) of the Montreal Convention. 

Since her action was dismissed both at first instance and on appeal, YL brought an appeal on a point of law (‘Revision’) before the Oberster Gerichtshof (Austrian Supreme Court; the “referring court”) which, in light of the need to interpret the relevant European legislation, decided to stay the proceedings and to ask to the Court of Justice whether Article 17(1) of the Montreal Convention must be interpreted as meaning that the concept of ‘accident’ provided for in that provision covers a hard landing perceived by the relevant passenger as an unforeseen event, even though it is within the normal operating range of the aircraft concerned.

According to the Court, the classification of a harmful event as “unforeseen” and, therefore, as an “accident” within the meaning of Article 17(1) of the Montreal Convention must be made taking into account the normal operating range of the aircraft on board which that event occurred. Therefore, a landing which does not exceed the limits laid down by the procedures applicable to the aircraft in question, including the expected tolerances and margins concerning the performance factors that have a significant effect on the landing, and which takes place in accordance with those procedures and taking into account the rules of the trade and best practice in aircraft operation, cannot be regarded as “unforeseen” when assessing the condition laid down in Article 17(1) of the Montreal Convention relating to the occurrence of an “accident”.

Marco Stillo