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Document 62021CN0510

Case C-510/21: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 19 August 2021 — DB v Austrian Airlines AG

OJ C 513, 20.12.2021, p. 15–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

20.12.2021   

EN

Official Journal of the European Union

C 513/15

Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 19 August 2021 — DB v Austrian Airlines AG

(Case C-510/21)

(2021/C 513/23)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: DB

Defendant: Austrian Airlines AG

Questions referred

1.

Is first aid which is administered on board an aircraft following an accident within the meaning of Article 17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air, signed by the European Community on 9 December 1999 and approved on its behalf by Council Decision 2001/539/EC of 5 April 2001 (1) and which leads to further bodily injury to the passenger which can be distinguished from the actual consequences of the accident to be regarded, together with the triggering event, as a single accident?

2.

If Question 1 is answered in the negative:

Does Article 29 of that convention preclude a claim for compensation for damage caused by the administration of first aid where that claim is brought within the limitation period under national law but outside the period for bringing actions which is laid down in Article 35 of the convention?

(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).

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