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I will nevertheless examine them briefly, in case the Court takes the view that the Montreal Convention does in fact apply. The person having suffered damage may bring his or her claim directly against the insurer of the person liable to provide compensation if the law applicable to the non-contractual obligation or the law applicable to the insurance contract so provides.’
Nevertheless, it is still appropriate to consider whether Article 33 applies in the case of a flight made within a single Member State. Ms Prüller-Frey brought an action before the referring court based on the joint and several liability of the defendants in the main proceedings, in which she claimed compensation for damage suffered as a result of the accident. 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. who was a passenger in an aircraft which had the same take-off and landing place in a Member State, local flight” means a flight not involving carriage of passengers, mail and/or cargo between different airports or other authorised landing points.’Regulation of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators (OJ 2004 L 138, p. 1).
rpm -qp kmod-redhat-oracleasm-kernel_4_18_0_240_14_1-2.0.8-1.3.el8_3.x86_64.rpm kmod-redhat-oracleasm-2.0.8-1.3.el8_3.x86_64.rpm --qf "%{NAME}\n" 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’. b) “Community air carrier” shall mean an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Regulation (EEC) No 2407/92 [ ( 5)]’. 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. However, where the person claimed to be liable and the person sustaining damage both have their habitual residence in the same country at the time when the damage occurs, the law of that country shall apply.
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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.’
Subtract the result in the previous step from the number written above it. (100 - 98 = 2) and write the answer at the bottom. The applicant in the main proceedings, the Austrian and French Governments, and the Commission consider — albeit for slightly different reasons — that the Montreal Convention does not apply.In the light of my conclusion concerning Question 1, it is not necessary to reply to Questions 2 and 3, which fall to be answered only should the Montreal Convention apply.
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