The Dutch Rechtbank Breda on June 27, 2011 lodged a reference for preliminary ruling of the ECJ with regard to the following questions:
- Is a right to compensation in case of delay, as described in Article 7 of Regulation No 261/2004, consistent with the last sentence of Article 29 of the Montreal Convention, given the fact that, according to the first sentence of Article 29 of the Montreal Convention, actions for damages founded in contract, in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in the Montreal Convention?
- If a right to compensation in case of delay, as described in Article 7 of Regulation No 261/2004, is not consistent with Article 29 of the Montreal Convention, are any limitations then imposed in respect of the moment when the ruling of the Court of Justice enters into effect as regards the present case and/or in general?
The reference proves that some national courts of the member states still have their doubts whether a compensation in case of delay as postulated by the ECJ in the Sturgeon-judgement is in line with the Montreal Convention.
Case C-315/11, Van de Ven & Van de Ven-Janssen v. KLM