On 5 June 2025, the Court of Justice handed down its judgment in Case C‑292/24, AD v Iberia Líneas Aéreas de España SA Operadora Unipersonal, on the interpretation of the second sentence of Article 31(2) of the Montreal Convention. The request has been made in proceedings between AD, an air passenger, and Iberia Líneas Aéreas de España SA Operadora Unipersonal (“Iberia”) concerning the latter’s liability for the damage resulting from the delay in the carriage by air of AD’s baggage and of the persons travelling with him.

On 15 December 2021, AD and two other persons took a flight, booked with Iberia, from Frankfurt am Main to Panama City with a stopover in Madrid. As their luggage did not arrive in Panama City on time, AD reported it missing on the same day and contacted Iberia’s baggage service centre stating that, in case of no news from the company by 18 December 2021, they would have purchased replacement equipment and continued their journey. With no response coming from Iberia, they proceeded with the purchase, after which that luggage was delivered to Panama City on 20 December 2021.

AD, therefore, brought an action before the Amtsgericht Frankfurt am Main (Local Court of Frankfurt am Main) claiming from Iberia, pursuant to his own rights and to those assigned by the persons travelling with him, reimbursement of the cost of that replacement equipment, travel costs and the price of a replacement flight ticket. Since his action was rejected, AD brought an appeal before the Landgericht Frankfurt am Main (Regional Court, Frankfurt am Main; the “referring court”) which, in light of the need to interpret the relevant European legislation, decided to stay the proceedings and to ask to the Court of Justice whether the second sentence of Article 31(2) of the Montreal Convention must be interpreted as meaning that a complaint due to a delay in the carriage of baggage must absolutely be made within a period of 21 days from the date on which the baggage concerned was placed at the disposal of the person entitled to delivery of it or that that complaint may be made before that date.

According to the Court, despite establishing a 21-day limitation period from the date of the placing of the baggage at the disposal of the person entitled to delivery in order to complain to the carrier, the second sentence of Article 31(2) of the Montreal Convention determines only the last day of the time limit after which it is no longer possible to make that complaint. The latter, therefore, may be made at any point between the discovery of a delay in the delivery of baggage or cargo and the expiry of that time limit, and thus even before that date.