Montreal Convention on air carrier liability

 

SUMMARY OF:

Decision 2001/539/EC on the conclusion by the European Community of the Montreal Convention

Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention)

WHAT IS THE AIM OF THE CONVENTION AND OF THE DECISION?

KEY POINTS

The convention introduces comprehensive legal principles and rules the most important of which are:

In 1997, the EU adopted Regulation (EC) No 2027/97 (on air carrier liability in the event of accidents) which imposes unlimited liability on EU air carriers in the event of death or injury to passengers. Regulation (EC) No 889/2002 amends Regulation (EC) No 2027/97 and applies the rules of the Montreal Convention to all flights, whether domestic or international, operated by EU air carriers.

FROM WHEN DO THE CONVENTION AND THE DECISION APPLY?

The Montreal Convention entered into force on 4 November 2003. The decision has applied since 5 April 2001.

BACKGROUND

The inadequacy of the 1929 Warsaw Convention, which governed air carriers’ liability for death and injury, and of its subsequent revisions led to the need to modernise and unify the rules on liability.

In May 1999, the Contracting States of the International Civil Aviation Organisation negotiated an agreement to modernise the Warsaw Convention rules, adapting them into a single legal instrument offering an appropriate level of compensation in the event of damage caused to passengers during international air transport.

For more information, see:

MAIN DOCUMENT

Council Decision 2001/539/EC of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ L 194, 18.7.2001, p. 38)

Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ L 194, 18.7.2001, pp. 39-49)

RELATED DOCUMENTS

Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents (OJ L 285, 17.10.1997, pp. 1-3)

Successive amendments to Regulation (EC) No 2027/97 have been incorporated in the original text. This consolidated version is of documentary value only.

last update 31.07.2018