The Court of Justice of the EU will decide the amount of compensation for loss of luggage
MadridUpdated:
The Court of Justice will decide if the airlines must compensate with 1,400 euros for any loss of luggage or if that amount can be limited. A court of Barcelona has raised this issue with Luxembourg after analyzing a procedure for loss of luggage filed by Reclamador.es against Vueling.
In particular, the court questions whether, in case of total loss of luggage, the airline has to pay the 1,131 Special Drawing Rights (SDR) -approximately 1,400 €- automatically, or if that amount can be moderated according to the damages of each specific case.
According to the platform, the European Justice has asked you to present allegations about this case to analyze your request, that is, that the air passenger receives directly the 1,131 SDRs that the regulations contain in case of loss of luggage. Reclamador.es has a period of two months to send the defense of the European Union to the Court of Justice of the European Union your position. The CJEU will ask for explanations from the rest of the parties involved.
The expert lawyers in airlines of Reclamador.es point out that, with respect to this type of claim, it is necessary to distinguish between a delay of the suitcase or a loss. If the baggage appears within 21 days, it is considered a delay and to obtain compensation the damage caused must be assessed. If this period is exceeded, the baggage is considered lost and the compensation may be around 1,400 euros.
However, up to now this amount has been moderate by each court based on the damage caused to the passenger due to the loss of the luggage. According to data from Reclamador.es, in 2018, the average amount claimed by air passengers suffering from problems with their luggage was € 808, compared to € 392 that, on average, customers of the online legal services company claimed. delays greater than 3 hours on a flight.
