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Article 33 of the Montreal Convention determines which courts have jurisdiction to entertain actions for damages brought under that convention. See the Proposal for a Regulation of the European Parliament and the Council on the law applicable to non-contractual obligations (‘ROME II’) (COM(2003) 427 final of 22 July 2003, p. 27), regarding Article 14 of the draft regulation. post-consumer recycled plastic; Low Halogen; Outside box and corrugated cushions are 100% sustainably sourced and recyclable; Recycled Plastic cushions * * * Regulation of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ 2008 L 293, p. 3). This regulation repealed Regulation No 2407/92 with effect from 1 November 2008. I note that the Montreal Convention applies, in accordance with Article 1(1) thereof, to all ‘ international [ ( 11)] carriage of persons, baggage or cargo performed by aircraft’.
It should be recalled that in disputes in matters relating to insurance, a victim who brings an action against the insurer of the liable party may be regarded as the weak party. See judgment in FBTO Schadeverzekeringen (C‑463/06, EU:C:2007:792, paragraph 28). This consideration also underpins the establishment of the right enabling an injured party to bring a direct action against an insurer in road accident cases (see Article 3 of Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive) (OJ 2000 L 181, p. 65)). The liability of a Community air carrier in respect of passengers and their baggage shall be governed by all provisions of the Montreal Convention relevant to such liability.’ In those circumstances, the Landesgericht Korneuburg decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling: This notation in parentheses is also common: 240/14 = 17.(142857): However, in daily use it’s likely you come across the reptend indicated as ellipsis: 240 / 14 = 17.142857… . Subtract the result in the previous step from the number written above it. (100 - 98 = 2) and write the answer at the bottom.As is apparent from recital 8 in the preamble to Regulation (EC) No 889/2002, ( 13) the extension of the provisions of the Montreal Convention to cover national flights was motivated by the fact that the creation of the internal air services market eliminated the distinction between international and national carriage within the European Union and justified the establishment of a single set of rules on liability. ( 14) I note that Article 18 of the Rome II Regulation lays down a provision that protects the interests of the injured party, granting that party the benefit of the most favourable rules and enabling him or her to bring a claim directly against the insurer. ( 24) The legislature has also taken account of the interests of the insurer by restricting the basis for direct action to the two laws that the insurer could reasonably expect to apply, namely the law applicable to the non-contractual obligation and that applicable to the insurance contract. ( 25)
That isn't entirely the case. These particular kmods embed the kernel version in the name identifier. So they inherently become installonly since they are on different version streams. I am therefore of the opinion that, should the Court consider that the Montreal Convention and Regulation No 2027/97 apply in the main proceedings, the court with jurisdiction to entertain the main action should be determined pursuant to Article 33 of that convention. In addition, Article 29 of the Montreal Convention applies ‘without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights’. Thus, the right of the injured party to bring a claim against the insurer is not, in any event, affected by the principle of exclusivity set out in Article 29. Without prejudice to any other applicable provisions of Community, national, or international law, the following categories of air services shall not be subject to the requirement to hold a valid operating licence: However, I note that the Montreal Convention governs only the liability of air carriers and not the obligations of liability insurance providers.By its first question submitted for a preliminary ruling, the referring court asks, in essence, whether the Montreal Convention applies in the main proceedings, when the place of departure and the place of destination of the flight was the same airport located in the territory of a single Member State and the passenger was carried free of charge for the purpose of flying over property belonging to the owner of the aircraft in connection with a real estate transaction. The referring court nevertheless points out that the parties to the insurance contract made that contract subject to German law. It draws attention to the importance of the freedom to choose the applicable law, which is possible in insurance contracts covering what are known as ‘large risks’, including civil liability arising out of the use of aircraft. ( 18) In the referring court’s opinion, the injured party cannot be placed in a better position than the policyholder. If the parties to the insurance contract made that contract subject to German law, this choice must mean that the injured party is not entitled to bring a direct action against the insurer under Spanish law. C – The relationship between the Montreal Convention and Article 18 of the Rome II Regulation (Question 3) The rules on jurisdiction form part of the overall approach taken by the Montreal Convention to eradicate conflicts of laws and jurisdiction and to establish a foreseeable set of rules on liability, protecting passengers and enabling air carriers to manage risk more effectively. From the perspective of the broad scheme of the Montreal Convention, these rules on jurisdiction appear alongside the substantive rules in Chapter III, concerning the liability of air carriers and the extent of compensation for damage.
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