No Waiver of Montreal Convention

Higher Regional Court of Düsseldorf, judgement of 9 March 2016 – I-18 U 61/15, 18 U 61/15.

Summaries

1. Art. 49 Montreal Convention 1999 (MC) is contrary to any agreement relating to individual clauses of the Warsaw Convention. The Montreal Convention is in accordance with Art. 49 MC mandatory law and not dispensable. Conflicting contractual agreements are void.

2. The interpretation of standard terms follows the principle of objective interpretation. The general rules of sec. 133, 157 German Civil Code shall not apply to the interpretation of contract terms and conditions. The conditions are rather to be interpreted according to their objective content, and typical sense, as its wording is understood by prudent and honest contractors weighing the interests of the parties (BGH, NJW-RR 2014, 215, 216; NJW 2013, 995, 996 ).