First aid on board an aircraft: EU Judgment in Case C-510/21 Austrian Airlines

Thursday 6th July 2023

Judgment in Case C-510/21 Austrian Airlines (First aid on board an aircraft)

(Transport)

The reference for a preliminary ruling is made in proceedings between DB, an air passenger, and Austrian Airlines, established in Austria, concerning compensation for damage caused by allegedly inadequate first aid carried out following burns suffered on a flight operated by the defendant.

On 18 December 2016, the claimant took a flight from Tel Aviv (Israel) to Vienna (Austria). During the flight, a coffee pot used to serve passengers fell off the catering trolley, causing burns to the claimant from the hot coffee. As is apparent from the decision to refer, the first aid given to the claimant caused him further injuries.

On 31 May 2019, the claimant submitted a claim for compensation in the sum of €10,196 together with an application for a declaration that the defendant was liable for all present and future damage arising from the said incident, arguing that the defendant was liable not only for the accident but also for the inadequate first aid.

Moreover, the claim is not yet time-barred because the first aid on board does not constitute an accident within the meaning of Article 17(1) of the Montreal Convention. I In so far as the incident does not fall within the scope of that Convention, national law should be applied to the dispute in the main proceedings, providing for a longer limitation period.

The defendant contests the merits of that action, taking the view that the claimant’s injuries were properly treated. In addition, the defendant requested that the claim also be dismissed on the ground that it was time-barred due to the two-year limitation period.

The court of first instance and the Court of Appeal dismissed the claim, essentially on the ground that the claim was time-barred. The appeal against the decision of the Court of Appeal is before the referring court.

Background Documents C-510/21