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the purpose of the flight being, in connection with a real-property transaction planned with the pilot, to view the property from the air, and The present request for a preliminary ruling from the Landesgericht Korneuburg (Korneuburg Regional Court, Austria) concerns the determination of the law applicable to a claim for damages brought by an individual, resident in Austria, against an aircraft operator and his civil liability insurer following an air accident in Spain.
Regulation of the Council of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage by air (OJ 1997 L 285, p. 1), as amended by Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 (OJ 2002 L 140, p. 2) (‘Regulation No 2027/97’).
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. 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. Ceramic artists and potters who use an electric kiln, often opt to have a NEMA 14-50 outlet installed as many electric kilns use this type of outlet. By its first question submitted for a preliminary ruling, the referring court asks, in essence, whether the Montreal Convention applies in the main proceedings, when the place of departure and the place of destination of the flight was the same airport located in the territory of a single Member State and the passenger was carried free of charge for the purpose of flying over property belonging to the owner of the aircraft in connection with a real estate transaction. 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.’
a) air services performed by non-power-driven aircraft and/or ultralight power-driven aircraft; and Consequently, this convention does not affect the provisions of national law entitling the injured party to bring a direct action against the insurer of the liable air carrier. Therefore, an injured party may bring a direct action against the insurer when this possibility arises either under the law applicable to the non-contractual obligation or under the law applicable to the insurance contract, whether this law was chosen by the parties to the insurance contract or determined under the conflict rules of the Rome I Regulation. rpm -qp kmod-redhat-oracleasm-kernel_4_18_0_240_14_1-2.0.8-1.3.el8_3.x86_64.rpm kmod-redhat-oracleasm-2.0.8-1.3.el8_3.x86_64.rpm --qf "%{NAME}\n"
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Regulation of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators (OJ 2004 L 138, p. 1). The ‘large risks’ are those referred to in Article 5(d) of First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (OJ 1973 L 228, p. 3), one of which is civil liability arising out of the use of aircraft, falling within part A.11 of the Annex to that directive (see Article 7(1)(f) of Directive 88/357). 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.
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