Court of Justice 12 January 2023, C-510/21 (DB v Austrian Airlines AG.)

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Advocate General Emiliou opines that Article 29 of the Montreal Convention exclusively governs any claim against an air carrier, however pleaded, that objectively relates to bodily injuries sustained by a passenger due to an accident within the meaning of Article 17(1), thereby pre-empting resort to more favourable domestic limitation periods. On the causation requirement of Article 17(1), the Opinion argues that an accident must satisfy both a factual 'but for' test and a legal 'adequate/proximate cause' test, such that the accidental spilling of scalding coffee must be regarded as having caused the passenger's injuries even where subsequent inadequate first aid by flight attendants also contributed to those injuries. The Opinion expressly reserves the broader question of whether the Montreal Convention exclusively governs all passenger injury claims not involving an accident, recommending that issue be decided by the Grand Chamber in a future case.AI