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Title:

Different concepts of “accident” in the meaning of the Montreal Convention and air carrier liability in EU law

ORCID:

0000-0001-7312-3587

Subject and Keywords:

liability of air carriers   Article 17 of the Montreal Convention of 1999   case C 532/18   accident

Abstract:

The subject of the article is the liability of air carriers for personal injury resulting from an “accident” within the meaning of paragraph 1 of Article 17 of the Montreal Convention of 1999. Although this concept has been the subject of numerous controversies under the Warsaw Convention, its legal definition has still not been introduced in the new legal act. In an unprecedented Judgment of 19 December 2019 (case C 532/18), the Court of Justice of the European Union had to deal with the interpretation of this concept and specify the circumstances qualifying a given event as an “accident”. In reply to the question referred, the Court took the view that there is no need to determine whether an incident classified as an “accident” relates to arisk characteristic of air transport.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2020

Resource Type:

text

Detailed Type:

article

Identifier:

ISSN 1733-5779   ISSN 0239-6661

DOI:

10.19195/1733-5779.34.6

Source:

PAd 102060 II

Language:

eng

Abstract Language :

pol

Relation:

Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne, ISSN 1733-5779. Nr 34, 2020, s. 81-92

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg