I also note that Article 67 of the Brussels I Regulation refers to a lex specialis contained in an EU instrument. Accordingly, unlike Article 71 of that regulation, which concerns the rules on jurisdiction contained in conventions to which the Member States were already parties when the Brussels I Regulation entered into force and allows for the application of those rules provided that they do not compromise the principles underlying the Brussels I Regulation, ( 16) Article 67 is not subject to any conditions. By its third question, the referring court asks, in essence, whether Article 29 of the Montreal Convention precludes a national provision that provides for a direct action by the injured party against the insurer of the air carrier.

Therefore, the question of the application of the Montreal Convention must be examined before the other questions submitted by the referring court. the purpose of the flight being, in connection with a real-property transaction planned with the pilot, to view the property from the air, andThe French Government contends that a flight having the same places of departure and destination, such as that at issue in the main proceedings, cannot be regarded as ‘carriage by air’ within the meaning of the Montreal Convention and Regulation No 2027/97. The other parties and interested persons claim that the Montreal Convention does not apply and rely on the fact that the flight was not made by an ‘air carrier’ within the meaning of Regulation No 1008/2008.

Second Council Directive of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC (OJ 1988 L 172, p. 1). Subtract the result in the previous step from the first digit of the dividend (2 - 0 = 2) and write the answer below. 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.’ Therefore, the choice of law by mutual agreement between the policyholder and the insurer cannot prevent the injured party from exercising his or her right to bring a direct action, when that right derives from the law applicable to the non-contractual obligation. Without prejudice to any other applicable provisions of Community, national, or international law, the following categories of air services shall not be subject to the requirement to hold a valid operating licence:

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The referring court proceeds on the basis that, if the Montreal Convention exhaustively governs actions for damages relating to air transport, a direct action provided for by national law cannot therefore be brought. Article 3(1) of Regulation No 2027/97 provides, in this respect, that the liability of a European Union air carrier is to be governed by the provisions of the Montreal Convention, and does not distinguish between international flights and national flights within the European Union. That isn't entirely the case. These particular kmods embed the kernel version in the name identifier. So they inherently become installonly since they are on different version streams. On 30 August 2010, Ms Prüller-Frey, the applicant in the main proceedings, was involved in an accident in the vicinity of Jerez de la Frontera (Spain) during a flight aboard an autogyro piloted by its owner, Mr Preiss. The place of departure and destination of the flight was the airport of Medina Sidonia (Spain) and its purpose was to view land belonging to Mr Preiss in connection with a possible real estate transaction. Ms Prüller-Frey is habitually resident in Austria. At the relevant time, Mr Brodnig had stated that he resided in both Austria and Spain. Nevertheless, it is apparent from the documents before the Court that the referring court considers, with regard to the possible application of Article 4(2) of the Rome II Regulation, that the parties to the main proceedings did not have their habitual residence in the same country at the time of the accident.

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. This notation in parentheses is also common: 240/14 = 17.(142857): However, in daily use it’s likely you come across the reptend indicated as ellipsis: 240 / 14 = 17.142857… . As regards actions for damages relating to accidents that have occurred during carriage by air, this convention exclusively governs the determination of the court having jurisdiction and some substantive aspects of compensation in the event of death or injury of passengers. If, however, the Montreal Convention is not applicable, the court with jurisdiction will be determined in accordance with the Brussels I Regulation and that court will examine the claim for damages pursuant to the rules of national law as decided by the conflict rules.

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Are Article 33 of the [Montreal] Convention …and Article 67 of … Regulation … No 44/2001 … to be interpreted as meaning that jurisdiction to hear and rule on the claims for damages referred to in Question 1 must be determined exclusively on the basis of Article 33 of the [Montreal] Convention …? the legal system of that State also provides for a direct action in its legislation on insurance contracts?’