YL v Altenrhein Luftfahrt GmbH (2021) C-70/20 CJEU (4th Chamber)
Court of Justice of the European Union, Fourth Chamber
Facts
13 On 20 March 2014, YL travelled from Vienna (Austria) to St. Gallen/Altenrhein (Switzerland) on a flight operated by Altenrhein Luftfhart. She claims to have suffered a spinal disc injury as a result of the landing.
14 During that landing, the flight data recorder noted a vertical load of 1.8 g. The referring court states in that regard that, even though such a landing may be subjectively perceived as being hard, that value is still, from an aeronautical point of view and also taking into account the margin of error, within the normal operating range of the aircraft in question. According to the aircraft manufacturer’s specifications, the maximum load that can be borne by the landing gear and the structural parts of the aircraft in question is 2 g. That court adds that, due to the mountainous nature of the environment in which St. Gallen/Altenrhein Airport is situated, hard landings there are safer than landings which are too soft and that, in the present case, no pilot error was found.
15 YL brought an action before the Handelsgericht Wien (Commercial Court, Vienna, Austria) against Altenrhein Luftfhart seeking a declaration that the latter is liable for the damage she claims to have suffered, pursuant to Article 17(1) of the Montreal Convention, and seeking payment of the sum of EUR 68 858, together with interest and costs. In support of her action, YL submits that that landing must be classified as ‘hard’ and, consequently, as being an accident within the meaning of that provision.
16 By contrast, Altenrhein Luftfhart contends that that landing was within the normal operating range of the aircraft and that, therefore, it was an event commonly occurring during a flight and not an accident, within the meaning of that provision.
Issue(s)
Could a landing in these terms constitute an “accident” under Article 17 of the Convention?
Discussion
No. See [32] – [42]:
32 It is apparent from the wording of Article 17(1) of the Montreal Convention that, for an air carrier to incur liability, the event which caused the death or bodily injury of the passenger must be classified as an ‘accident’ and must have taken place on board the aircraft or in the course of any operations of boarding or disembarking.
33 In its judgment of 19 December 2019, Niki Luftfahrt (C‑532/18, EU:C:2019:1127, paragraph 35), the Court stated that the ordinary meaning of the concept of ‘accident’ is that of an unforeseen, harmful and involuntary event.
34 It is apparent from the information provided by the referring court, as recalled in paragraphs 20 to 22 of the present judgment, that that court is uncertain, in particular, as to whether the classification of a harmful event as ‘unforeseen’ within the meaning of that case-law and, therefore, as an ‘accident’ within the meaning of Article 17(1) of the Montreal Convention, must be made taking into account the perspective of the passenger concerned or, rather, the normal operating range of the aircraft on board which that event occurred.
35 It is necessary to reject from the outset, however, an interpretation of the concepts referred to in the preceding paragraph based on the perspective of each passenger. In so far as perspectives and expectations may vary from one passenger to another, such an interpretation could lead to a paradoxical result if the same event were classified as ‘unforeseen’ and, therefore, as an ‘accident’ for certain passengers, but not for others.
36 Moreover, interpreting the concept of ‘accident’ provided for in Article 17(1) of the Montreal Convention as meaning that the assessment of the unforeseen nature of the event in question depends solely on the relevant passenger’s perception of that event could extend that concept in an unreasonable manner to the detriment of air carriers. While it is true that, according to the third paragraph of the preamble to the Montreal Convention, the States Parties thereto, recognising ‘the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution’, decided to lay down a system of strict liability for air carriers, a system of that kind implies, however, as is apparent from the fifth paragraph of that preamble, that an ‘equitable balance of interests’ be maintained, in particular the interests of air carriers and of passengers (see, to that effect, judgment of 19 December 2019, Niki Luftfahrt, C‑532/18, EU:C:2019:1127, paragraph 36 and the case-law cited).
37 As regards, however, the essential requirements concerning the operation of the aircraft concerned, it must be recalled that, according to point 1.b of Annex IV to Regulation No 216/2008, a flight must be performed in such a way that the operating procedures specified in the Flight Manual or, where required the Operations Manual, for the preparation and execution of the flight are followed. In addition, point 4.a. of that annex provides that an aircraft must be operated in accordance with its airworthiness documentation and all related operating procedures and limitations as expressed in its approved flight manual or equivalent documentation, as the case may be.
38 Furthermore, it is apparent from point 4.c. of that annex that a flight must not be commenced or continued unless the aircraft’s scheduled performance, considering all factors which significantly affect its performance level, allows all phases of flight to be executed within the applicable distances/areas and obstacle clearances at the planned operating mass. Performance factors which significantly affect, inter alia, the aircraft’s take-off, include, in particular, operating procedures, size, slope and condition of the take-off/landing area. In accordance with point 4.c.1. of that annex, those performance factors must be taken into account directly, as operational parameters, or indirectly, by means of allowances or margins, which may be provided in the scheduling of the aircraft’s performance data.
39 Compliance with the provisions referred to in paragraphs 37 and 38 of the present judgment is aimed at ensuring a landing accomplished in accordance with the applicable procedures and limitations, set out in the flight manual of the aircraft in question, or any equivalent airworthiness documentation relating to it, and taking into account the rules of the trade and best practice in aircraft operation, even if that landing is perceived by certain passengers as being harder than they were expecting.
40 Accordingly, a landing which does not exceed the limits laid down by the procedures applicable to the aircraft in question, including the expected tolerances and margins concerning the performance factors that have a significant effect on the landing, and which takes place in accordance with those procedures and taking into account the rules of the trade and best practice in aircraft operation, cannot be regarded as ‘unforeseen’ when assessing the condition laid down in Article 17(1) of the Montreal Convention relating to the occurrence of an ‘accident’.
41 In the present case, it should be noted that, according to the referring court, a hard landing at St. Gallen/Altenrhein Airport, such as that which gave rise to the dispute in the main proceedings, is safer due to the mountainous nature of the environment in which that airport is situated. Also according to that court, the landing at issue in the main proceedings took place without any demonstrable pilot error, the flight data recorder having noted a vertical load of 1.8 g, a value below the maximum limit of 2 g which, according to the aircraft manufacturer’s specifications, can be borne by the landing gear and the structural parts of the aircraft concerned.
42 Subject to verification of all the circumstances surrounding the occurrence of the landing which gave rise to the dispute in the main proceedings, which it is for the referring court to carry out, a landing which has taken place in the circumstances set out in the preceding paragraph cannot be regarded as an accident within the meaning of Article 17(1) of the Montreal Convention and cannot, therefore, on the basis of that provision, result in the air carrier incurring liability, irrespective of the subjective perception which a passenger may have of that landing.
Useful for
Passenger's own internal reaction to normal and expected operation of aircraft not an accident
