Browsing Tag Montreal Convention
Air transport. The Court of Justice rules on the concept of “bodily injury”
A psychological injury caused to a passenger by an accident, which is not linked to bodily injury within the meaning of the Montreal Convention, must be compensated in the same way as such an injury provided that the aggrieved passenger demonstrates the existence of an adverse effect on his or her psychological integrity of such gravity or intensity that it affects his or her general state of health and that it cannot be resolved without medical treatment
Liability of air carriers for death or injury sustained by passengers. The Court of Justice rules on the concept of “damage suffered caused or contributed to by the negligence or other wrongful act or omission of that injured passenger”
Where an accident, which caused damage to a passenger, consists of his/her fall, for no ascertainable reason, on a mobile stairway set up for the disembarkation of the passengers of an aircraft, the air carrier concerned may be exonerated from its liability towards that passenger only to the extent that, taking account of all the circumstances in which that damage occurred, it proves, in accordance with the applicable national rules and subject to the observance of the principles of equivalence and effectiveness, that the damage suffered by that passenger was caused or contributed to by the negligence or other wrongful act or omission of that passenger
Air transport. The Court of Justice rules on the limits of the air carrier’s liability in the event of destruction, loss and delay of, or damage to, baggage
The amount payable by an air carrier to a passenger whose baggage has been destroyed, lost, damaged or delayed must be determined by the national court within the limitation laid down in Article 22(2) of the Montreal Convention, in the light of the circumstances of the case and in accordance with the applicable rules of national law