The ECJ has recently been called to consider the issue of jurisdiction in relazione to claims by passengers against air carriers comprising booth the standardized sums payable in case of delay or cancellation of flights under Regulation 261/2004 and compensation for pecuniary and non-pecuniary damages under the 1999 Montreal Convention.
With judgement 7 November 2019 (case C-213/18) the Court held that each head of claim must remain subject to its own jurisdiction rules, namely
i) claims under Regulation 261/2004 fall within art. 7.1 of Regulation 1226/2012
ii) claims under the Montreal Convention are subject to art. 33 of the Montreal Convention (which, being a “special rule”, takes precedence over Regulation 1215/2012.
The ECJ also stated that (contrary to the view consistently held by the Italian courts) art. 33 of the Montreal Convention deals not only with jurisdiction as between States, but also with the territorial competence of national courts.