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

£94.975
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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

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

RRP: £189.95
Price: £94.975
£94.975 FREE Shipping

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It is hard to deny that Article 33 of the Montreal Convention constitutes such a lex specialis, contained in an EU instrument, which precludes the application of the general rules on jurisdiction set out in the Brussels I Regulation. This exclusion concerns matters of court jurisdiction, which are governed by Article 33 of the Montreal Convention. Regulation of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ 2008 L 293, p. 3). This regulation repealed Regulation No 2407/92 with effect from 1 November 2008. 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.’ C – The relationship between the Montreal Convention and Article 18 of the Rome II Regulation (Question 3) Subtract the result in the previous step from the first digit of the dividend (2 - 0 = 2) and write the answer below.

Irrespective of the question whether the right to bring a direct action exists and, as the case may be, of the conditions under which such an action may be brought, ( 19) the obligations of the insurer continue to be governed by the insurance contract. In this respect, Article 18 of the Rome II Regulation has no effect on the choice of law made by the parties to the insurance contract. As regards actions for damages relating to accidents that have occurred during carriage by air, this convention exclusively governs the determination of the court having jurisdiction and some substantive aspects of compensation in the event of death or injury of passengers. If, however, the Montreal Convention is not applicable, the court with jurisdiction will be determined in accordance with the Brussels I Regulation and that court will examine the claim for damages pursuant to the rules of national law as decided by the conflict rules. Subtract the result in the previous step from the number written above it. (100 - 98 = 2) and write the answer at the bottom. Second Council Directive of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC (OJ 1988 L 172, p. 1). I note that Article 18 of the Rome II Regulation lays down a provision that protects the interests of the injured party, granting that party the benefit of the most favourable rules and enabling him or her to bring a claim directly against the insurer. ( 24) The legislature has also taken account of the interests of the insurer by restricting the basis for direct action to the two laws that the insurer could reasonably expect to apply, namely the law applicable to the non-contractual obligation and that applicable to the insurance contract. ( 25)

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Convention concluded in Montreal on 28 May 1999, signed by the European Community on 9 December 1999 and approved on its behalf by Council Decision 2001/539/EC of 5 April 2001 (OJ 2001 L 194, p. 38; ‘the Montreal Convention’). The Montreal Convention entered into force, so far as the European Community is concerned, on 28 June 2004. I recall that Article 29 of the Montreal Convention lays down the principle of exclusivity of the rules on liability contained therein, providing that any action for liability under the convention can only be brought subject to the conditions and limits of liability set out in the convention. It should be recalled that in disputes in matters relating to insurance, a victim who brings an action against the insurer of the liable party may be regarded as the weak party. See judgment in FBTO Schadeverzekeringen (C‑463/06, EU:C:2007:792, paragraph 28). This consideration also underpins the establishment of the right enabling an injured party to bring a direct action against an insurer in road accident cases (see Article 3 of Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive) (OJ 2000 L 181, p. 65)). I also note that Article 67 of the Brussels I Regulation refers to a lex specialis contained in an EU instrument. Accordingly, unlike Article 71 of that regulation, which concerns the rules on jurisdiction contained in conventions to which the Member States were already parties when the Brussels I Regulation entered into force and allows for the application of those rules provided that they do not compromise the principles underlying the Brussels I Regulation, ( 16) Article 67 is not subject to any conditions. Nevertheless, it is still appropriate to consider whether Article 33 applies in the case of a flight made within a single Member State.

In addition, Article 29 of the Montreal Convention applies ‘without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights’. Thus, the right of the injured party to bring a claim against the insurer is not, in any event, affected by the principle of exclusivity set out in Article 29.The flight in question is therefore not covered by the provisions of Regulation No 2027/97 or by those of the Montreal Convention, since it was a national flight that was not operated by a licensed air carrier. Accordingly, the claim for damages at issue must be examined solely on the basis of the applicable national law determined by the conflict rules. Multiply the divisor by the result in the previous step (14 x 0 = 0) and write that answer below the dividend. Regulation of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators (OJ 2004 L 138, p. 1).



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