The consumer denounced the loss of a piece of luggage and the theft of some items while in the custody of the airline. He requested a compensation of 3,000.00 euros.
In this regard, although there was a loss of one suitcase, the other two suitcases were delivered. Consequently, if compensation is granted, it cannot be the limit established in the Montreal Convention (1,000 SDRs) since only one of them was lost, thus providing compensation of 333.33 SDRs, equivalent to US$. 439.99.
The adjudicating bodies must apply the sectoral standard (Montreal Convention) according to the case and not award unreasonable compensation. A correct interpretation of the standard is to graduate the limit of liability established in case of loss of baggage and not to award the maximum amount without a prior analysis of the facts or damages alleged by the passengers.
