The Air Navigation and Transport (International Conventions) Act 2004 allows Ireland to ratify the Montreal Convention and gives it the force of law in Ireland.\u00a0 The Montreal Convention is an updated replacement of the Warsaw Convention and rules relating to international carriage by air.<\/p>\n
The system provides a worldwide system of standards and rules for carriage by air and, in particular, common rules with respect to the limitation of liability for the carriage of passengers, cargo and baggage in the event of damage, loss or delay.<\/p>\n
The new Montreal Convention supersedes the Warsaw Convention with states that implement it.\u00a0 Where air travel takes place between Ireland and other states which have not ratified the Montreal convention, the act provides that the most recent convention common to both Ireland and that state will apply. The government may certify states which are contracting parties to the convention.<\/p>\n
The convention facilitates passengers by permitting them to bring out legal action in the state where the passenger’s principal residence is.\u00a0 This is in addition to the previous basis of jurisdiction, which is the place of business of the airline, place of the accident, place of origin and intended point of destination.<\/p>\n
The Warsaw Convention is amended by Protocol IV of the 1975 Montreal Convention and the 1999 Montreal Convention by giving the force of law.<\/p>\n
The first two conventions are already part of Irish law under the Air, Navigation and Transport Acts. The French language is to prevail if there are differences between the English and the original French text of the contravention.<\/p>\n
The liability of a carrier if a passenger dies is set out in the Act.\u00a0 It is based on equivalent provisions of the Air, Navigation and Transport Act.<\/p>\n
The Minister is empowered to notify and make notifications as required by the Convention.\u00a0 This allows the state to declare the convention shall not apply to international flights carried out by the state itself for non-commercial or military purposes.\u00a0 It is not intended to make such a notification.<\/p>\n
The Minister may extend the convention to apply to internal, no international flights.\u00a0 Internal flights are already subject to similar provisions under EU regulations.<\/p>\n\n
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Liability for Damages Where damage is caused to persons or property by any person in or article falling from an aircraft in flight, taking off or landing, a special provision applies. Damages are recoverable from the owner of the aircraft in respect of such damage or loss without proof of negligence or intention, as if […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[233],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19540"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19540"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19540\/revisions"}],"predecessor-version":[{"id":31208,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19540\/revisions\/31208"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19540"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19540"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19540"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}