Rome II

Article 17

Rules of safety and conduct

In assessing the conduct of the person claimed to be liable, account shall be taken, as a matter of fact and in so far as is appropriate, of the rules of safety and conduct which were in force at the place and time of the event giving rise to the liability.

Holdings

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C-240/149 Sept 2015

Eleonore Prüller-Frey v Norbert Brodnig and Axa Versicherung AG

A damages claim cannot be determined under Article 17 of the Montreal Convention where the injured person was a passenger on an aircraft that took off from and landed in the same Member State and was carried free of charge to view a property in connection with a planned property transaction with the pilot, even though she was physically injured when the aircraft crashed.