Judgment_paragraph 31 · SL v Vueling Airlines SA (C-86/19)

31The Court has also held that the limitation of compensation laid down in Article 22(2) of the Montreal Convention must be applied to the total damage caused, regardless of whether that damage is material or non-material. In that regard, it has stated that the possibility for the passenger to make a special declaration of interest at the time when the checked baggage is handed over to the carrier, under the second part of that provision, confirms that the limit of an air carrier’s liability for the damage resulting from the loss of baggage is, in the absence of any special declaration of interest in delivery, an absolute limit which includes both non‑material and material damage (see, to that effect, judgment of 6 May 2010, Walz, C‑63/09, EU:C:2010:251, paragraphs 37 and 38).