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Old Aug 10, 2023 | 3:06 pm
  #11  
Van_Looy
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Join Date: Mar 2005
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In Case C-86/19 "SL v Vueling Airlines SA", the court (4th chamber) ruled as below (in 2020). In a nutshell, even in the case of a total loss of luggage, the compensation of 1288 XDR per passenger is a limit and not a fixed amount.
If you claim that 50% of the maximum is insufficient to cover your losses, the burden of proof is on you (e.g. based on receipts, invoices or other evidence such as photos) as the ruling further submits that providing evidence of the value of the loss (which may include material as well as non-material losses) may admittedly be difficult but not a probatio diabolica.


1. Article 17(2) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999, signed by the European Community on 9 December 1999 and approved on its behalf by Council Decision 2001/539/EC of 5 April 2001, read in conjunction with Article 22(2) of that convention, must be interpreted as meaning that the sum provided for in that latter provision as the limit of the air carrier’s liability in the event of destruction, loss and delay of, or of damage to, checked baggage which has not been the subject of a special declaration of interest in delivery constitutes a maximum amount of compensation which the passenger concerned does not enjoy automatically and at a fixed rate. Consequently, it is for the national court to determine, within that limit, the amount of compensation payable to that passenger in the light of the circumstances of the case.

2. Article 17(2) of the Montreal Convention, read in conjunction with Article 22(2) thereof, must be interpreted as meaning that the amount of compensation due to a passenger, whose checked baggage which has not been the subject of a special declaration of interest in delivery has been destroyed, lost, damaged or delayed, must be determined by the national court in accordance with the applicable rules of national law, in particular in relation to evidence. Those rules must not, however, be any less favourable than those governing similar domestic actions and must not be framed in such a way as to render impossible in practice or excessively difficult the exercise of rights conferred by the Montreal Convention.
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