CJEU: Compensation request for delayed baggage allowed before suitcases are returned
If your luggage is delayed and you need to buy replacement items like toiletries or clothes, you can ask the airline for compensation. You have to do this at the latest within 21 days of getting your suitcase back, according to the Montreal Convention. Can you also ask for compensation even before your luggage is returned? The Court of Justice of the European Union (CJEU) answers this question.
Trip postponed due to delayed luggage
A passenger flew with Iberia from Frankfurt to Panama City in December 2021. His luggage does not arrive in Panama City. The same day, he informed Iberia in writing that he was postponing his trip until 18 December. He also asks Iberia to respond before that date. He informs the airline that he would otherwise have no choice but to buy new items. Iberia does not respond, so the passenger buys replacement items. It is not until 20 December that he gets his luggage back in Panama City.
Airline rejects compensation request
After his trip, the passenger asks Iberia to reimburse the costs. Iberia rejects that request. According to Iberia, a passenger can only report damage after the baggage has been returned. The airline states that the damage can only be evaluated after the luggage has been delivered.
German court asks for clarification
The passenger disagrees with Iberia and goes to the German court. The judge asks the Court of Justice to clarify the period. Does the passenger indeed have to wait until he has his luggage back? Or can he report the damage before that?
Court of Justice: it concerns a maximum period
According to the Court, the Montreal Convention only indicates a maximum period of 21 days. As soon as a passenger knows that the baggage has been delayed, they can already report the damage. This informs the airline that there is a problem with the luggage. If the delay is reported early, the airline can still try to prevent damage. In addition, the airline has more time to prove that it has tried to do so.
So, the passenger does not have to wait to get the luggage back. However, the report must always be made within 21 days of receipt of the luggage.
German court still decides on costs
This ruling by the Court does not mean that an airline must always reimburse the costs incurred. This is only about when exactly the passenger can ask for compensation. The airline may not refuse that request just because the luggage has not yet been returned. The German court has yet to decide whether Iberia must refund the costs for the replacement items to the passenger.
Want to know more?
Read the full judgment of the Court on the website InfoCuria C-292/24.