The Possible Overlap with the Principle of Exclusivity of the 1999 Montreal Convention Sample Clauses

The Possible Overlap with the Principle of Exclusivity of the 1999 Montreal Convention. The existence of an additional European regime on delays, in parallel to that of the 1999 Montreal Convention, was immediately challenged before English Courts, which sought a preliminary ruling from the CJEU. In the IATA decision,51 the CJEU ruled, as reported below, that there was no overlap between the two instruments insofar as there existed two different kinds of damages in the case of delay. That is to say, one was general and one was more personal; and each was respectively regulated by EU Regulation 261/2004 and the 1999 Montreal Convention:
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