Montrealer Übereinkommen

The objective of this commentary is to explain the provisions of the Montreal Convention in a succinct and concise manner for the daily practice. The history of the Montreal Convention and of the Warsaw Convention serves as important sources for interpretation. The commentary also takes into account the continental-European and US-American case law regarding the liability of air carriers for damage to passengers or goods as well as sources of European Community legislature. The commentary also considers the various ways in which countries implement the air carrier’s insurance obligation.

In addition to the Montreal Convention, the Montreal Convention Implementation Act, the European Council Regulation on air carrier liability in the event of accidents, the European Council Regulation on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights as well as the European Council Regulation on insurance requirements for air carriers and aircraft operators are presented and explained.

• Takes into account the increase of the liability limits which took effect on 30 December 2009
• Considers the new conflict of laws of the Rome I and Rome II Regulations
• Provides commentary on the current case law of the European Court of Justice (ECJ), of the German Federal Court of Justice (BGH) and of all courts regarding the Montreal Convention, as well as the EC Regulation 261/04 on the denial of boarding, cancellation and the long delay of flight passengers
• Includes case law of various contracting states