Browsing Tag burden of proof
road transport
Insurance against civil liability in respect of the use of motor vehicles. The Court of Justice rules on the burden of proof in relation to the injured party’s knowledge of the theft of a vehicle
It is for the body specified in Article 10(1) of Directive 2009/103/EC to prove, in order to discharge itself from its obligation to pay compensation, that, in the event of a road traffic accident, the injured party who voluntarily entered the vehicle which caused the damage or injury knew that it was stolen
aviation
Air transport. The Court of Justice rules on the limits of the air carrier’s liability in the event of destruction, loss and delay of, or damage to, baggage
The amount payable by an air carrier to a passenger whose baggage has been destroyed, lost, damaged or delayed must be determined by the national court within the limitation laid down in Article 22(2) of the Montreal Convention, in the light of the circumstances of the case and in accordance with the applicable rules of national law