The Montreal Convention came into effect on 3rd November 2003 following the deposit of the 30th ratification document. Meanwhile it applies to 64 states. Through the quick ratification by further states, the precursor, the Warsaw Convention on the standardization of regulations on the carriage of international air traffic from 1929, is increasingly replaced. The aim of the convention is to create a new, modern and comprehensive work of regulations, which corresponds firstly to the altered technical, economic and consumer protected standards and secondly further guarantees a uniform and clear law through integrating the different legal sources of the Warsaw Convention system.
The objective of the commentary is to explain the purposes of the convention briefly and concisely for the practise. As an important source of interpretation serves the history of the origin of the Montreal Convention as well as the Warsaw Convention. Secondly, the annotation considers the Continental and American administration of justice to the air carrier liability for damage to passengers and goods as well as the legal sources of the European Community legislators. Furthermore, the annotation goes into the differing international state practise by converting the compulsory insurance of the air carrier.
The Montreal Convention law enforcement, the EC decree on the liability of air traffic businesses with accidents, the EC decree on performance adjustments and assistance for passengers in case of non-travel and with cancellation or lengthy flight delays as well as the EC decree on insurance claims on air traffic businesses are explained and described along with the Montreal Convention.
The work contains a text synopsis of the Montreal Convention, the Warsaw Convention in the form of The Hague protocol from 1955 as well as the Warsaw Convention from 1929. Furthermore, in the appendix of the work, the Montreal Convention law enforcement, the European Secondary Community law on the liability of air traffic businesses by accidents and lengthy delays as well as on insurance claims on air traffic businesses, the general terms of transport of IATA and the German Lufthansa AG are also printed as well as further important international conventions, such as the Chicago Convention.
About the author
Der Autor ist derzeit Richter am Amtsgericht. Zuvor war er mehrere Jahre Referent für Transportrecht im Bundesministerium der Justiz und war an den Arbeiten zur Denkschrift zum Montrealer Übereinkommen maßgeblich beteiligt.
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