(AGENPARL) – Thu 09 October 2025 Newsletter
Weeks XLII – XLIII: 13th – 24th October 2025
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Week XLII: 13th to 17th October
Thursday 16th October
Judgment in Case C-218/24 Iberia Líneas Aéreas de España (notion of luggage)
(Transport)
On 22 October 2019, a passenger was travelling with her mother and her pet (a dog)
on a flight from Buenos Aires (Argentina) to Barcelona (Spain). The flight was operated
by Iberia. Due to its size and weight, the dog had to travel in the hold, in a transport
crate. At check-in, the passenger did not make any special declaration of interest in the
delivery of her luggage. The dog escaped while being transported to the aircraft and
could not be recovered.
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The passenger claimed compensation for the moral damage suffered as a result of the
loss of her dog, in the amount of € 5,000. Iberia acknowledged its liability and the right
to compensation, but within the limits provided for checked baggage.
The Spanish court examining the claim for compensation referred the matter to the
Court of Justice to determine whether the concept of “baggage” within the meaning of
the Montreal Convention excludes pets travelling with passengers.
Background Documents C-218/24
There will be a press release for this case.
Thursday 16th October
Judgment in Case Arrêt C-399/24 AirHelp Germany (Aeroplane struck by
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lightning)
(Transport)
Shortly before landing in Iași (Romania), an Austrian Airlines aircraft was struck by
lightning. Due to the mandatory safety inspections that followed, this aircraft was
curia.europa.eu
Newsletter
Weeks XLII – XLIII: 13th – 24th October 2025
for details of
unable to operate the next flight to Vienna (Austria) as planned.
other cases.
A passenger who was supposed to take this flight arrived in Vienna on a replacement
flight with a delay of more than seven hours. He assigned the potential claim arising
from this delay to AirHelp, which is seeking compensation of € 400 from Austrian
Airlines before the Austrian courts.
Austrian Airlines considers that the lightning strike, followed by mandatory safety
inspections, constitutes an extraordinary circumstance. Furthermore, it claims to have
taken all reasonable measures to remedy the delay. Consequently, according to the
regulation on air passenger right (Regulation (EC) No 261/2004 establishing common
rules on compensation and assistance to passengers in the event of denied boarding
and of cancellation or long delay of flights), it was not required to pay compensation.
The Austrian court hearing the case referred the matter to the Court of Justice for a
preliminary ruling.
Background Documents C-399/24
There will be a press release for this case.
Week XLIII: 20th to 24th October
Thursday 23rd October
Judgment in Case C-469/24 Tuleka
(Consumer protection)
Two Polish travellers went on an all-inclusive holiday to a five-star hotel in Albania.
The day after their arrival, they were awakened by the noise of demolition work on the
hotel’s swimming pools, ordered by the Albanian authorities. The work continued for
four days, from 7:30 a.m. to 7:30 p.m.
By the end of the work, the swimming pools, the seafront promenade and the paved
access to the sea had been demolished. Travellers also had to wait in long lines to get
their meals and were forced to eat as soon as the meals started to be served, as only a
limited number of meals were served. The afternoon snack was also eliminated.
Finally, during the last three days of the stay, work began to add a fifth floor to the
hotel.
The travellers took legal action to claim a full refund of the cost of their trip and a
compensation. Seeking clarification on their rights under the Package Travel Directive,
Newsletter
Weeks XLII – XLIII: 13th – 24th October 2025
the Polish judge referred the matter to the Court of Justice.
Background Documents C-469/24
There will be a press release for this case.
Thursday 23rd October
Opinion in Joined Cases C-258/23 Imagens Médicas Integradas, C-259/23
Synlabhealth II and C-260/23 SIBS – Sociedade Gestora de Participações Sociais
and Others
(Consumer protection)
This referral was made in the context of an administrative infringement proceedings
and a dispute between IMI – IMAGES MÉDICALES INTÉGRÉES S.A. (‘IMI’) and the
national Competition authority, Portugal (‘AdC’) concerning an investigation conducted
by the latter to determine whether there had been a breach of competition rules.
The AdC conducted an investigation into the existence of an agreement or concerted
practice between companies operating in the market for radiology technologies in the
healthcare sector which are active on the teleradiology market, and at increasing the
price paid by the State for the provision of services, in relation to which public tenders
are periodically organised by Portuguese public hospitals.
In this context, the AdC carried out searches, examination, collection and seizures at
the premises of IMI, the company under investigation.
To this end, the AdC had obtained prior authorisation from the Public Prosecutor’s
Office, which issued warrants ordering the seizure of “copies or extracts of accounting
records and other documents, including emails and internal documents relating to the
communication of information between different hierarchical levels and the
preparation of decisions at the level of corporate commercial policy, as well as
minutes of management or administrative meetings administrative meetings…”.
However, the seizure of evidence in places where healthcare is provided or where
documents subject to medical confidentiality are classified was excluded from the
scope of the authorisation granted by the warrant issued by the public prosecutor.