Request for a preliminary ruling from the Juzgado de lo Mercantil n.o 9 de Barcelona (Spain) lodged on 6 February 2019 — SL v Vueling Airlines S.A.

(Case C-86/19)

(2019/C 164/21)

Language of the case: Spanish

Referring court

Juzgado de lo Mercantil n.o 9 de Barcelona

Parties to the main proceedings

Applicant: SL

Defendant: Vueling Airlines S.A.

Question referred

Where the loss of a suitcase has been established, must the airline compensate the passenger in each and every case with the maximum compensation limit of SDR 1 131, since that is the most serious of the situations provided for in Articles 17(2) and 22(2) of the Montreal Convention of 28 May 1999, or is that maximum compensation limit one which can be adjusted by the court, including in the event of loss of a suitcase, in the light of the circumstances, so that the amount of SDR 1 131 will be awarded only if the passenger establishes, by whatever means are permitted in law, that the value of the items and personal effects he was carrying in the checked baggage, and of those which he had to purchase to replace them, came to that limit, or, failing that, may other criteria be taken into account, such as, for example, the weight of the suitcase or whether the baggage was lost on the outbound or return journey, for the purposes of assessing the non-material damage caused by the inconvenience arising from the loss of the passenger’s baggage?