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Almeida, C. (2017). Air Contract Law and Liability of the Carrier - Another Look. Aviation Law Course.

C. A. Almeida,  "Air Contract Law and Liability of the Carrier - Another Look", in Aviation Law Course, Lisboa - Universidade Católica Portuguesa, Faculdade de Direito, 2017

@misc{almeida2017_1766887231089,
	author = "Almeida, C.",
	title = "Air Contract Law and Liability of the Carrier - Another Look",
	year = "2017",
	howpublished = "Impresso"
}

TY  - CPAPER
TI  - Air Contract Law and Liability of the Carrier - Another Look
T2  - Aviation Law Course
AU  - Almeida, C.
PY  - 2017
CY  - Lisboa - Universidade Católica Portuguesa, Faculdade de Direito
AB  - ABSTRACT

The author´s view upon the air carrier liability regime arising from the international air carriage to which the 1999 Montreal Convention applies, as well as the regime arising out of the European supplemental regulatory sources of authority in particular the EC Regulation nr. 261/2004 of the European Parliament and of the Council dated as of February 11, 2004, are the two exclusive topics comprising the main scope of the current paper.

In particular, with regard to the 1999 Montreal Convention, focus is put on the exclusivity principle of the Convention and how the courts of law worldwide have applied it since the 1929 Warsaw Convention. The author highlights the consequences arising from the shift from an air carrier protection oriented convention in the late twenties into a consumer protection oriented convention as it was affirmed in the late nineties, and how such evolution has been the result of a seventy years consolidation period impacting over the contracting parties interests balance. Based on the said historic evolving circumstances and preliminary works, the author raises criticism upon the wholly exclusive convention principle and gives his reading on the subject underlining the need to achieve the uniformity and worldwide certainty goal without prejudice of the substantive purpose of the international regime, such as, not only pursuing with the consumer protection rights goal, but also preventing air carrier from being put in an unjustified disadvantage. 

Finally, concerning the EC Regulation nr. 261/2004 the author highlights the most recent developments on how the ECJ has been ruling on such matter as compared with the substantive purpose of the 1999 Montreal Convention with regard to the common goal of consumer protection rights.

SUMMARY: 1. Regulatory authority sources: legal framework. 2. The Montreal Convention: 2.1. Scope of application; 2.2. The Convention Exclusivity Principle; 2.3. The Convention typical causes and preconditions of air carrier liability: 2.3.1. In the air carriage of passengers; 2.3.2. In the air carriage of baggage and cargo; 2.4. The Convention effectiveness liability preconditions; 2.5. The air carrier liability regime: 2.5.1. In the air carriage of passengers; 2.5.2. In the air carriage of baggage; 2.5.3. In the air carriage of cargo; 2.6. The awarding damages; 2.7. The statute of limitations. 3. The EC Regulation nº 261/2004 of the European Parliament and of the Council dated as of February 11, 2004: 3.1. General remarks; 3.2. The Denied Boarding preconditions for remedy eligibility; 3.3. The Flight Cancellation definition and preconditions for remedy eligibility; 3.4. The Denied Boarding and Flight Cancellation remedies; 3.5. The Delay on Flight Departure: preconditions and remedies; 3.6. The involuntary upgrading and downgrading implications. 4. The main topics for a conclusion.


ER  -