Skip to main content Accessibility help
×
Home
Hostname: page-component-55b6f6c457-b6fb2 Total loading time: 0.211 Render date: 2021-09-27T21:42:50.444Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

Case C-532/18 G.N. v. Z.U. (Niki Luftfahrt) (C.J.E.U.)

Published online by Cambridge University Press:  09 February 2021

Stefan Bohlsen*
Affiliation:
Stefan Bohlsen is a research assistant at the University of Potsdam and doctoral candidate at the University of Hannover.

Extract

On December 19, 2019, the Court of Justice of the European Union (CJEU, the Court) interpreted Article 17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on May 28, 1999 (Montreal Convention), in its judgment in the Niki Luftfahrt case.

Type
International Legal Documents
Copyright
Copyright © American Society of International Law 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 The Convention was signed by the European Commission on December 9, 1999 and approved on its behalf by Council Decision of April 5, 2001, which entered into force on June 28, 2004.

2 Case C-532/18 GN, represented for legal purposes by HM v. ZU, acting as administrator in the insolvency of Niki Luftfahrt GmbH (Dec. 19, 2019) [hereinafter CJEU Judgment] ¶¶ 22-26; see also the opinion of Advocate General Saugmandsgaard Øe (Sept. 26, 2019) ¶¶ 29-35.

3 Judgment of the Regional Court Korneuburg (Dec. 15, 2015).

4 Judgment of the Higher Regional Court of Vienna (Aug. 30, 2016).

5 CJEU Judgment ¶ 30 with reference to Case C-258/16 Finnair Oyj v. Keskinäinen Vakuutushytiö Fennia (Apr. 12, 2018) ¶ 19 f.

6 CJEU Judgment ¶ 32 with reference to Case C-213/18 Adriano Guaitoli et al. v. easyJet Airline Co. Ltd. (Nov. 7, 2019) ¶ 47.

7 CJEU Judgment ¶¶ 34 f.

8 Id. ¶ 36.

9 See also Case C-63/09 Axel Walz v. Clickair SA (May 6, 2010) ¶¶ 31, 33 and Case C-410/11 Pedro Espada Sánchez v. Iberia Líneas Aéreas de Espña SA (Nov. 22, 2012) ¶¶ 29 f.

10 CJEU Judgment ¶ 37: “accident” instead of “event”. In this regard, the Court refers to the opinion by the International Union of Aviation Insurers, DCW Doc No 28 and the report of the Rapporteur on the Modernization and Consolidation of the Warsaw System, C-WP/10576.

11 CJEU Judgment ¶¶ 38-41 with reference to the opinion of Advocate General Saugmandsgaard Øe (Sept. 26, 2019).

Send article to Kindle

To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Case C-532/18 G.N. v. Z.U. (Niki Luftfahrt) (C.J.E.U.)
Available formats
×

Send article to Dropbox

To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

Case C-532/18 G.N. v. Z.U. (Niki Luftfahrt) (C.J.E.U.)
Available formats
×

Send article to Google Drive

To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

Case C-532/18 G.N. v. Z.U. (Niki Luftfahrt) (C.J.E.U.)
Available formats
×
×

Reply to: Submit a response

Please enter your response.

Your details

Please enter a valid email address.

Conflicting interests

Do you have any conflicting interests? *