EU court confirms absolute limit on 'emotional' airline damages claims

EUROPE's most senior court rejected a claim from an air passenger seeking extra "non-material" losses for lost luggage, and ruled that the maximum travellers can claim is just under £1,000.

The judges threw out the claim yesterday from a Spanish man seeking recompense for the loss of goods with emotional, rather than monetary value. The European Court of Justice said the Montreal Convention, signed in 1999, limits the damages airlines have to pay out and set the maximum claim at 961.66.

The case was brought by Axel Walz, whose baggage was lost on a Barcelona to Porto flight operated by Clickair SA, a Spanish low-cost airline. In 2008, he claimed compensation of 2,711 for lost luggage in a Spanish court, and 423 for "immaterial harm". The Spanish judge asked the European Court of Justice whether the limit fixed by the Montreal Convention covered both material and immaterial damage or whether it was possible to claim more "immaterial" loss.

Yesterday, the EU judges confirmed the damages limit "is absolute and includes both material and non-material damage," unless a passenger had made a "special declaration of interest" and paid a supplementary sum.