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

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

(Case C-510/21)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: DB

Defendant: Austrian Airlines AG

Questions referred

Is first aid which is administered on board an aircraft following an accident within the meaning of Article17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air, signed by the European Community on 9December 1999 and approved on its behalf by Council Decision 2001/539/EC of 5April 2001¹ 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?

If Question 1 is answered in the negative:

Does Article29 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 Article35 of the convention?

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¹ Council Decision 2001/539/EC of 5April 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 L194, p.38).