engleski

Global Issues on Air Carriers Insurance Requirements regarding Passengers and their Impact on European and National Provisions

In recent years, we have witnessed a progressive growth in air transport of passengers in the EU which has had positive effects on trade growth and economic growth of the EU. A strategically important sector of air transport services in the EU is subject to the issuance of an operating licence to air carriers if they meet the insurance requirements. The main goal of this paper is to analyse the conditions for granting an operating licence for EU air carriers, e.g., to have an adequate insurance cover on air carriers liability in the event of damages that may occur to passengers. The same insurance obligations must also be fulfilled by third country air carriers and all air operators (regardless of nationality) flying within, into, out of or over the territory of an EU country. These insurance requirements for air carriers and aircraft operators in case of accidents with respect to passengers represent measures which promote consumer protection. Nevertheless, the authors point to the loopholes due to which the right of passengers (consumers) to bring a direct action against the carrier insurer is not provided for on international and European level. Since the legal regulations of the institution in question have been left to the national law of Contracting Parties to the Montreal Convention (1999) – the authors are carrying out an analysis of the current regulations of the Croatian insurance system. Pointing to the legislative background and legal review of provisions on air carriers and air operators contractual liability for damages that may arise in the case of death or injury of passengers – the authors are analysing the current provisions on insurance on European and international level.

air carriers' insurance requirements, passenger protection

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