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GeoBook 240 14-inch Windows 10 Laptop, Intel Pentium Quad-Core Processor, 4GB RAM, 64GB eMMC - Includes 1-Year Microsoft 365 Personal

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It should be recalled that Article 67 provides that the Brussels I Regulation is not to prejudice the application of provisions, contained in EU instruments or in harmonised national legislation, governing jurisdiction in specific matters. Article 67 thus makes express provision for the existence of specific rules in relation to the rules on jurisdiction in the Brussels I Regulation. Multiply the divisor by the result in the previous step (14 x 7 = 98) and write the answer at the bottom:

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. The Austrian Government submits in that regard that the Montreal Convention only applies to international carriage and that Regulation No 2027/97 does not extend the scope of the rules on jurisdiction laid down in Article 33 of the convention but only the scope of the substantive provisions. Although it appears that none of the parties to the main proceedings rely on the Montreal Convention, the referring court none the less has doubts as to the applicability of that convention. It thus raises the question of the rules on liability applying to the facts in the main proceedings, both if the Montreal Convention were to apply and if it were not.air service” means a flight or a series of flights carrying passengers, cargo and/or mail for remuneration and/or hire; Therefore, the question of the application of the Montreal Convention must be examined before the other questions submitted by the referring court. Article 18 of the Rome II Regulation does not constitute a conflict-of-laws rule with respect to the substantive law applicable to the determination of the liability of the insurer or the liable party. The sole aim of this article is to determine which law applies to the question as to whether the victim can bring a claim directly against the insurer, and does not concern the extent of the insurer or the liable party’s obligations. See the Proposal for a Regulation of the European Parliament and the Council on the law applicable to non-contractual obligations (‘ROME II’) (COM(2003) 427 final of 22 July 2003, p. 27), regarding Article 14 of the draft regulation. Similarly, it is apparent from the academic research that preceded this legislative proposal, namely the draft Rome II Convention prepared by the European Group for Private International Law (EGPIL), ( 22) that the rule in question — which was taken from the draft Rome II Convention without substantive amendments — provides a special connecting factor for a direct action brought by the injured party against the insurer, including possible limits on the exercise of that right. By contrast, the scope of the insurer’s obligations is determined by the law applicable to the insurance contract. Moreover, the commentary clearly shows that this is a rule entailing two alternative possibilities.

This request is interesting for two reasons from the standpoint of EU law. First, it affords the Court the opportunity to define the boundaries of the scope of both the Convention for the Unification of Certain Rules for International Carriage by Air ( 2) and Regulation (EC) No 2027/97 ( 3) which implements that convention. Second, it allows the Court to determine the scope of Article 18 of Regulation (EC) No 864/2007, ( 4) which concerns direct action against the insurer of the liable party. the legal system of that State also provides for a direct action in its legislation on insurance contracts?’ It is also apparent from the wording of Article 18 of the Rome II Regulation that it is a connecting rule structured as an alternative, in that it is sufficient for one of the laws concerned to provide for the possibility of direct action. This consideration applies regardless of whether the law applicable to the insurance contract is the result of (i) the choice of the parties to the contract or (ii) the application of the conflict rules set out in Regulation (EC) No 593/2008. ( 20) Unless otherwise provided for in this Regulation, the law applicable to a non-contractual obligation arising out of a tort/delict shall be the law of the country in which the damage occurs irrespective of the country in which the event giving rise to the damage occurred and irrespective of the country or countries in which the indirect consequences of that event occur.This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking. As appears from the documents before the Court, the applicant submits in the application in the main proceedings that the Austrian courts have jurisdiction under Regulation (EC) No 44/2001 ( 7) and that Austrian law applies in accordance with Article 4(2) of the Rome II Regulation. She also maintains that she is entitled to bring a direct action against the insurer under Austrian law. post-consumer recycled plastic; Low Halogen; Outside box and corrugated cushions are 100% sustainably sourced and recyclable; Recycled Plastic cushions * * * In view of the foregoing, I consider that Article 18 of the Rome II Regulation must be interpreted as meaning that an injured party may bring a direct action against the insurer of the liable party when the law applicable to the non-contractual obligation so provides, regardless of the provision made by the law that the parties have chosen as the law applicable to the insurance contract. Articles 17 and 21 of the Montreal Convention govern the matter of compensation in the event of death or injury of passengers.

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I also note that, in the light of the circumstances of the case before the referring court, Mr Brodnig was not required to have an air carrier licence. No undertaking established in the Community shall be permitted to carry by air passengers, mail and/or cargo for remuneration and/or hire unless it has been granted the appropriate operating licence. It follows that the rules on liability set out in the Montreal Convention apply to national flights within the European Union when such flights are operated by an air carrier holding a valid operating licence within the meaning of Regulation No 1008/2008.

I am therefore of the opinion that, should the Court consider that the Montreal Convention and Regulation No 2027/97 apply in the main proceedings, the court with jurisdiction to entertain the main action should be determined pursuant to Article 33 of that convention. The person having suffered damage may bring his or her claim directly against the insurer of the person liable to provide compensation if the law applicable to the non-contractual obligation or the law applicable to the insurance contract so provides.’The defendants in the main proceedings dispute the jurisdiction of the Austrian courts as well as the applicability of Austrian law, arguing that the applicable law is Spanish law and that the court before which the action was brought does not have jurisdiction. As regards the possibility of bringing a direct action against the insurer, the defendants in the main proceedings contend that neither German law, to which the insurance policy is subject, nor the applicable Spanish law permits such action in the circumstances of the dispute in the main proceedings. Are Article 2(1)(a) and (c) of … Regulation … No 2027/97 …, Article 3(c) and (g) of Regulation (EC) No 785/2004 [ ( 8)] … and Article 1(1) of the [Montreal] Convention … to be interpreted as meaning that claims for damages by an injured party, 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" See the Commission proposal leading to the adoption of Regulation No 889/2002 (COM(2000) 340 of 7 June 2000, paragraph 3 of the explanatory memorandum) and the Commission proposal leading to the adoption of Regulation No 2027/97 (COM(95) 724 of 20 December 1995, p. 4). Even before the conclusion of the Montreal Convention, Regulation No 2027/97 provided for a single set of rules on liability for national and international carriage within the European Community. In view of the foregoing, I consider that Articles 1 and 3(1) of Regulation No 2027/97 must be interpreted as meaning that the provisions of the Montreal Convention do not apply to a national flight that is not operated by an air carrier holding an operating licence within the meaning of Regulation No 1008/2008.

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