C-173/23Eventmedia Soluciones SL v Air Europa Líneas Aéreas SAU

Domstolens egne nøkkelord

Reference for a preliminary ruling – Air transport – Montreal Convention – Article 19 – Compensation for damage occasioned by delay in the carriage of baggage – Assignment to a commercial company of the passenger’s claim against the air carrier – Contractual clause prohibiting such an assignment – Directive 93/13/EC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Review of its own motion of the unfairness of the clause prohibiting the transfer of passengers’ rights – Detailed rules for that review in the context of a dispute between the assignee company and the air carrier – Principles of equivalence and effectiveness – Principle of audi alteram partem.

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