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Resumen de Air carrier liability in the passengers transport and protection of their rights.

Malgorzata Polkowska

  • This article discusses some key issues concerning the liability concept of air carriers for the damages in the international air transport of passengers. The author referred to the Convention for the Unification of Certain Rules Relating to International Carriage by Air (hereinafter: the Warsaw Convention), signed at Warsaw on 12 October 1929 with all amendments and to the Convention for the Unification of Certain Rules for International Carriage by Air (hereinafter: the Montreal Convention), signed at Montreal on 28 May 1999, which amended the Warsaw Convention rules. The author marked also the European legislation concerning this issue, in particular the Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents (updated by the Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation No 2027/97) and the Regulation No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In the end the author reflects to the last amendments of ICAO to the liability system concerning the damages caused by the aircraftto the third parties also in the event of the acts of terrorism (Montreal Convention 2009). The conclusion is that the system of protection of air passenger is very strict in the international law, but it is not the same everywhere, because of more strict regulations in the UE. Therefore, it is so difficult to say about one united system of passenger rights used worldwide.


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