Przedawnienie roszczeń pasażerskich z umowy przewozu osób koleją
Time barring of passenger claims under the contract of carriage of passengers by rail

Summary/Abstract: The contract of carriage of passengers by rail is governed by EU law, as well as national and international law, which shall apply to both national and international transport operations. This raises a question, inter alia, about the correct application of the rules on time-barring passenger claims against carriers. In principle, this is not regulated by EU law. However, EU law largely incorporates the CIV Convention, which regulates the limitation periods for claims. Part of passenger claims is directly covered by the CIV Convention; there is no doubt that the provisions of the convention should apply to them. On the other hand, a problem arises with regard to those issues governed by the CIV Convention which are modified or supplemented by the provisions of Regulation (EC) No 1371/2007, as well as with regard to claims based solely on that Regulation. Similar doubts also exist in other modes of transport, such as aviation law, where they have been the subject of several CJEU rulings. The aim of this paper is to present the above mentioned issues on the ground of rail transport and answer the question to what an extent the position developed in aviation law is adequate for rail transport. In the opinion of the Author, a direct transfer of views developed with regard to air transport should not take place because of the different way of the implementation of the international convention into EU law, and different scope of the provisions governing the limitation period in the Montreal convention and the CIV convention

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