Adopted International Conventions Governing the International Air Carriage Liability Regime Sample Clauses

Adopted International Conventions Governing the International Air Carriage Liability Regime. In light of previously established practice in the rail sector, several States chose to organize elements of the international air carriage liability regime by way of international conventions that would contain, amongst others, uniform rules. On 12 October 1929, the Convention for the Unification of Certain Rules Relating to International Carriage by Air (hereinafter the ‘1929 Warsaw Convention’ or ‘WC29’) was adopted.42 The 1929 Warsaw Convention has since then been regularly amended and supplemented by the following instruments: – in 1955, the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929 (hereinafter the ‘1955 Hague Protocol’ or ‘HP55’);43 41 So far, the Joint Committee has not published any communication on this point. In parallel, the Swiss Civil Aviation Authority considers that European case law handed down after the signing of the bilateral agreement in 1999 does not bind Swiss Courts: ‘These subsequent rulings and decisions can provide guidance to the Swiss federal authorities and Courts for interpreting EU aviation law, but they are not automatically binding. The independence of Swiss jurisdiction is therefore not affected’, source: Swiss Federal Office of Civil Aviation, <xxxxx://xxx.xxxx.xxxxx.xx/bazl/en/home/good-to-know/ air-passenger-rights/qestions-and-answers-pax-rights.html> (accessed 5 February 2020). This position also appears to be adopted by local Courts, such as the district Court of Bülach, which, in a decision on 2 February 2016, denied the application of an interpreta- tion of the EU Regulation 261/2004 made by the Court of Justice of the European Union. See, Xxxxxxxx Xxxxxx, Keine Ausgleichsleistungen gemäss Fluggastrerechteverordnung bei Verspätung: Urteil des Bezirksgerichts Bülach vom 2. Februar 2016 mit Anmerkungen, 148 Schweizerische Vereinigung für Xxxx- und Raumrecht 52-65 (2016). On 16 December 2019, a request for a preliminary ruling was lodged to the Court of Justice of the European Union by the Landgericht of Hamburg. The request concerned the scope of European case law regarding the interpretation of EU Regulation 261/2004 in the context of the Agreement on air transport between Switzerland and the European Union (See, Official Journal, 23 March 2020, C 95/17). The reference was however withdrawn from the roll. See, CJEU, 11 March 2020, GDVI Verbraucherhilfe GmbH v. Swiss International Air Lines AG, C-918/19, ECLI:E...
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