Abstract
In its AD and Iberia judgment of June 5, 2025, the CJEU interpreted Article 31.2 of the Montreal Convention and admitted the possibility for affected passengers to lodge a complaint as soon as they become aware of the delay in their checked baggage, without making it conditional upon its availability. This doctrine, in my opinion, should also be applied when the passenger files a Property Irregularity Report (PIR), which would have the legal value of a protest.
| Translated title of the contribution | The complaint for delay of the checked baggage by air. Special reference to the Property Irregularity Report (PIR) |
|---|---|
| Original language | Spanish |
| Pages (from-to) | 1-19 |
| Number of pages | 19 |
| Journal | La Ley Unión Europea |
| Issue number | 139 |
| Publication status | Published - 2025 |
Keywords
- ECJ
- preliminary questions
- Montreal Convention
- Air Passenger
- Delay
- Baggage
- Complaint
- Burden of Proof
- Property Irregularity Report (PIR)