Актуални проблеми на уредбата на договорите за международен въздушен превоз на пътници и багаж
Topical Issues in the Regulation of Contracts for International Air Carriage of Passengers and Luggage

Summary/Abstract: International air carriage of passengers and luggage forms part of the subject matter of international private law and is regulated by both international sources of law and EU law sources. Montreal Convention of the year 1999 was designed as a unified universal international treaty regulating the liability of carriers at a global level. The importance of the Convention is recognized by the EU, which is a party thereto. For the purpose of further developing and improving the protection of passengers’ rights, the rules of Montreal Convention have been supplemented by secondary sources of EU law. There exists a second, inde pendent regime of liability of air carriers, which was introduced through the rules on prede termined amounts of compensation under Regulation (EC) 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, and repealing Regulation (EEC) No. 295/91. The two regulatory frameworks are in a specifi c relationship with regard to the application of the common sources of private international law and the EU law. The combination of the common conflict-of-law rules and the special rules on international air carriage gives rise to difficulties for the competent bodies. In that respect, the official interpretation of the Council of the EU has its quasi-rulemaking effect on the courts in the Member States.

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