European Court determines compensation for lost baggage in aircrafts

European Court determines compensation for lost baggage in aircrafts
# 07 May 2010 08:22 (UTC +04:00)
Baku - APA-Economics. Airline passengers can claim no more than 1,134.71 euros (S$2,018) for lost or damaged baggage, even if the loss causes emotional trauma, a European court ruled on Thursday, Straits Times reported.

Under the ruling the loss of a treasured family heirloom would not lead to any additional compensation due to the emotional loss. ’That limit is absolute and includes both material and non-material damage,’ the European Court of Justice in Luxembourg ruled.

The case was pushed up to the European court from Spain, where a passenger claimed damages for lost baggage plus 500 euros for ’non-material damage’ caused by the loss. In Thursday’s judgement the EU court said that liability limits are included in the Montreal Convention on international travel.

This convention limits payouts for lost or damaged baggage to 1,000 Special Drawing Rights (SDR), or 1,134.71 euros.

On the issue of whether more compensation could be claimed for emotional damage, the court ruled that the convention contained no definition of ’damage’ and therefore it could be deemed to include all types ’regardless of the nature of the damage caused to that passenger
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THE OPERATION IS BEING PERFORMED