The Montreal Convention
The Montreal Convention
The Montreal Convention forms the central legal framework governing the liability of airlines in relation to international flights. The Convention regulates liability in the event of the death or injury of passengers, damage to baggage and/or cargo, and delays in air transport.
In practice, this regularly gives rise to complex disputes and significant financial risks for airlines. Although the Montreal Convention aims to create a uniform system, its application in practice leaves considerable scope for interpretation. Concepts such as ‘delay’, the causal link, the scope of damage, and the possibilities for limiting or excluding liability may be subject to dispute in practice.
LVH Advocaten assists airlines in assessing and settling liability claims under the Montreal Convention. Among other things, we analyse:
- the nature and extent of the alleged damage;
- the causal link and the applicability of liability limits;
- whether and to what extent contributory negligence or other grounds for exclusion apply.
LVH Advocaten would be happy to discuss liability claims under the Montreal Convention with you and how we can provide practical and effective support, in line with an approach that meets your organisation’s requirements.
More about aviation:
Click below to learn more about how we can advise you on the following areas/topics:
SPECIALIZED LAWYERS
These are our lawyers who specialize in this area.
More about aviation
Consequences of Brexit for aviation: a brief overview
This article briefly discusses the consequences of Brexit for the aviation industry. On January 31, 2020, the United Kingdom officially left the European Union (EU). From that moment, a transition period started during which the United Kingdom continued to apply European law. In the meantime, negotiations for a Trade and Cooperation Agreement (TDA) took place.
Right to compensation Regulation 261/2004 in case of multiple flight delay circumstances?
Airlines are subjected daily to various circumstances that may lead to a delay or cancellation of the scheduled flight. However, such disruption does not always lead to the obligation to pay compensation to passengers. In case of extraordinary circumstances that could not have been avoided even by taking all reasonable measures, no compensation is due.
Liability for damage to an aircraft
When transporting cargo or passengers, airlines are faced with several conditions that can cause damage to their aircraft. This damage occurs in most cases when the aircraft is still on the ground. When parked, leaving the gate or taxiing to the runway. But who is liable for this damage and what does an airline have to pay for itself?


