sul risarcimento dei danni causati da aeromobili a terzi,
firmata a Montreal il 2 maggio 2009
(Convenzione non in vigore - Testo aggiornato al 2 maggio 2009)
ON COMPENSATION FOR DAMAGE CAUSED BY AIRCRAFT TO THIRD PARTIES
Adopted in Montréal, Canada on 2 May 2009
THE STATES PARTIES TO THIS CONVENTION,
HAVE AGREED AS FOLLOWS:
For the purposes of
- (a) an “act of unlawful
interference” means an act which is defined as an offence in
the Convention for the Suppression
of Unlawful Seizure of Aircraft,
Signed at The Hague on 16 December 1970, or the Convention for the
Suppression of Unlawful Acts Against the Safety of Civil Aviation,
Signed at Montreal on 23 September 1971, and any amendment in
the time of the event;
- (b) an “event” occurs when
damage is caused by an aircraft in flight other than as a result of an
act of unlawful interference;
- (c) an aircraft is considered to be “in
flight” at any time from the moment when all its external
doors are closed following embarkation or loading until the moment when
any such door is opened for disembarkation or unloading;
- (d) “international flight”
means any flight whose place of departure and whose intended
destination are situated within the territories of two States, whether
or not there is a break in the flight, or within the territory of one
State if there is an intended stopping place in the territory of
- (e) “maximum mass” means the
maximum certificated take-off mass of the aircraft, excluding the
effect of lifting gas when used;
- (f) “operator” means the person
who makes use of the aircraft, provided that if control of the
navigation of the aircraft is retained by the person from whom the
right to make use of the aircraft is derived, whether directly or
indirectly, that person shall be considered the operator. A person
shall be considered to be making use of an aircraft when he or she is
using it personally or when his or her servants or agents are using the
aircraft in the course of their employment, whether or not within the
scope of their authority;
- (g) “person” means any natural
or legal person, including a State;
- (h) “State Party” means a State
for which this Convention is in force; and
- (i) “third party” means a
person other than the operator, passenger or consignor or consignee of
— LIABILITY OF THE OPERATOR AND RELATED ISSUES
- 1. This Convention applies to damage to third
parties which occurs in the territory of a State Party caused by an
aircraft in flight on an international flight, other than as a result
of an act of unlawful interference.
- 2. If a State Party so declares to the Depositary,
this Convention shall also apply where an aircraft in flight other than
on an international flight causes damage in the territory of that
State, other than as a result of an act of unlawful interference.
- 3. For the purposes of this Convention:
- (a) damage to a ship in or an aircraft above the
High Seas or the Exclusive Economic Zone shall be regarded as damage
occurring in the territory of the State in which it is registered;
however, if the operator of the aircraft has its principal place of
business in the territory of a State other than the State of Registry,
the damage to the aircraft shall be regarded as having occurred in the
territory of the State in which it has its principal place of business;
- (b) damage to a drilling platform or other
installation permanently fixed to the soil in the Exclusive Economic
Zone or the Continental Shelf shall be regarded as having occurred in
the territory of the State which has jurisdiction over such platform or
installation in accordance with international law including the United
Nations Convention on the Law of the Sea, done at Montego Bay on 10
- 4. This Convention shall not apply to damage caused
by State aircraft. Aircraft used in military, customs and police
services shall be deemed to be State aircraft.
— LIABILITY OF THE OPERATOR
- 1. The operator shall be liable for damage
sustained by third parties upon condition only that the damage was
caused by an aircraft in flight.
- 2. There shall be no right to compensation under
this Convention if the damage is not a direct consequence of the event
giving rise thereto, or if the damage results from the mere fact of
passage of the aircraft through the airspace in conformity with
existing air traffic regulations.
- 3. Damages due to death, bodily injury and mental
injury shall be compensable. Damages due to mental injury shall be
compensable only if caused by a recognizable psychiatric illness
resulting either from bodily injury or from direct exposure to the
likelihood of imminent death or bodily injury.
- 4. Damage to property shall be compensable.
- 5. Environmental damage shall be compensable, in so
far as such compensation is provided for under the law of the State
Party in the territory of which the damage occurred.
- 6. No liability shall arise under this Convention
for damage caused by a nuclear incident as defined in the Paris
Convention on Third Party Liability in the Field of Nuclear Energy (29
July 1960) or for nuclear damage as defined in the Vienna Convention on
Civil Liability for Nuclear Damage (21 May 1963), and any amendment or
supplements to these Conventions in force at the time of the event.
- 7. Punitive, exemplary or any other
non-compensatory damages shall not be recoverable.
- 8. An operator who would otherwise be liable under
the provisions of this Convention shall not be liable if the damage is
the direct consequence of armed conflict or civil disturbance.
— LIMIT OF THE OPERATOR’S LIABILITY
- 1. The liability of the operator arising under
Article 3 shall not exceed for an event the following limit based on
the mass of the aircraft involved:
- (a) 750 000 Special Drawing Rights for aircraft
having a maximum mass of 500 kilogrammes or less;
- (b) 1 500 000 Special Drawing Rights for aircraft
having a maximum mass of more than 500 kilogrammes but not exceeding 1
- (c) 3 000 000 Special Drawing Rights for aircraft
having a maximum mass of more than 1 000 kilogrammes but not exceeding
2 700 kilogrammes;
- (d) 7 000 000 Special Drawing Rights for aircraft
having a maximum mass of more than 2 700 kilogrammes but not exceeding
6 000 kilogrammes;
- (e) 18 000 000 Special Drawing Rights for
aircraft having a maximum mass of more than 6 000 kilogrammes but not
exceeding 12 000 kilogrammes;
- (f) 80 000 000 Special Drawing Rights for
aircraft having a maximum mass of more than 12 000 kilogrammes but not
exceeding 25 000 kilogrammes;
- (g) 150 000 000 Special Drawing Rights for
aircraft having a maximum mass of more than 25 000 kilogrammes but not
exceeding 50 000 kilogrammes;
- (h) 300 000 000 Special Drawing Rights for
aircraft having a maximum mass of more than 50 000 kilogrammes but not
exceeding 200 000 kilogrammes;
- (i) 500 000 000 Special Drawing Rights for
aircraft having a maximum mass of more than 200 000 kilogrammes but not
exceeding 500 000 kilogrammes;
- (j) 700 000 000 Special Drawing Rights for
aircraft having a maximum mass of more than 500 000 kilogrammes.
- 2. If an event involves two or more aircraft
operated by the same operator, the limit of liability in respect of the
aircraft with the highest maximum mass shall apply.
- 3. The limits in this Article shall only apply if
the operator proves that the damage:
- (a) was not due to its negligence or other
wrongful act or omission or that of its servants or agents; or
- (b) was solely due to the negligence or other
wrongful act or omission of another person.
— PRIORITY OF COMPENSATION
If the total amount
of the damages to be paid exceeds the amounts available according to
Article 4, paragraph 1, the total amount shall be awarded
preferentially to meet proportionately the claims in respect of death,
bodily injury and mental injury, in the first instance. The remainder,
if any, of the total amount payable shall be awarded proportionately
among the claims in respect of other damage.
— EVENTS INVOLVING TWO OR MORE OPERATORS
- 1. Where two or more aircraft have been involved in
an event causing damage to which this Convention applies, the operators
of those aircraft are jointly and severally liable for any damage
suffered by a third party.
- 2. If two or more operators are so liable, the
recourse between them shall depend on their respective limits of
liability and their contribution to the damage.
- 3. No operator shall be liable for a sum in excess
of the limit, if any, applicable to its liability.
— COURT COSTS AND OTHER EXPENSES
- 1. The court may award, in accordance with its own
law, the whole or part of the court costs and of the other expenses of
the litigation incurred by the claimant, including interest.
- 2. Paragraph 1 shall not apply if the amount of the
damages awarded, excluding court costs and other expenses of the
litigation, does not exceed the sum which the operator has offered in
writing to the claimant within a period of six months from the date of
the event causing the damage, or before the commencement of the action,
whichever is the later.
— ADVANCE PAYMENTS
If required by the
law of the State where the damage occurred, the operator shall make
advance payments without delay to natural persons who may be entitled
to claim compensation under this Convention, in order to meet their
immediate economic needs. Such advance payments shall not constitute a
recognition of liability and may be offset against any amount
subsequently payable as damages by the operator.
- 1. Having regard to Article 4, States Parties shall
require their operators to maintain adequate insurance or guarantee
covering their liability under this Convention.
- 2. An operator may be required by the State Party
in or into which it operates to furnish evidence that it maintains
adequate insurance or guarantee. In doing so, the State Party shall
apply the same criteria to operators of other States Parties as it
applies to its own operators.
— EXONERATION AND RECOURSE
If the operator
proves that the damage was caused, or contributed to, by the negligence
or other wrongful act or omission of a claimant, or the person from
whom he or she derives his or her rights, the operator shall be wholly
or partly exonerated from its liability to that claimant to the extent
that such negligence or wrongful act or omission caused or contributed
to the damage.
— RIGHT OF RECOURSE
Subject to Article
13, nothing in this Convention shall prejudice the question whether a
person liable for damage in accordance with its provisions has a right
of recourse against any person.
— EXERCISE OF REMEDIES AND RELATED PROVISIONS
— EXCLUSIVE REMEDY
- 1. Any action for compensation for damage to third
parties caused by an aircraft in flight brought against the operator,
or its servants or agents, however founded, whether under this
Convention or in tort or otherwise, can only be brought subject to the
conditions set out in this Convention without prejudice to the question
as to who are the persons who have the right to bring suit and what are
their respective rights.
- 2. Article 3, paragraphs 6, 7 and 8, shall apply to
any other person from whom the damages specified in those paragraphs
would otherwise be recoverable or compensable, whether under this
Convention or in tort or otherwise.
— EXCLUSION OF LIABILITY
Neither the owner,
lessor or financier retaining title or holding security of an aircraft,
not being an operator, nor their servants or agents, shall be liable
for damages under this Convention or the law of any State Party
relating to third party damage.
— CONVERSION OF SPECIAL DRAWING RIGHTS
The sums mentioned
in terms of Special Drawing Right in this Convention shall be deemed to
refer to the Special Drawing Right as defined by the International
Monetary Fund. Conversion of the sums into national currencies shall,
in case of judicial proceedings, be made according to the value of such
currencies in terms of the Special Drawing Right at the date of the
judgement. The value in a national currency shall be calculated in
accordance with the method of valuation applied by the International
Monetary Fund for its operations and transactions. The value in a
national currency, of a State Party which is not a Member of the
International Monetary Fund, shall be calculated in a manner determined
by that State to express in the national currency of the State Party as
far as possible the same real value as the amounts in Article 4,
— REVIEW OF LIMITS
- 1. Subject to paragraph 2 of this Article, the sums
prescribed in Article 4, paragraph 1, shall be reviewed by the
Depositary by reference to an inflation factor which corresponds to the
accumulated rate of inflation since the previous revision or in the
first instance since the date of entry into force of this Convention.
The measure of the rate of inflation to be used in determining the
inflation factor shall be the weighted average of the annual rates of
increase or decrease in the Consumer Price Indices of the States whose
currencies comprise the Special Drawing Right mentioned in Article 14.
- 2. If the review referred to in the preceding
paragraph concludes that the inflation factor has exceeded 10 per cent,
the Depositary shall notify the States Parties of a revision of the
limits of liability. Any such revision shall become effective six
months after the notification to the States Parties, unless a majority
of the States Parties register their disapproval. The Depositary shall
immediately notify all States Parties of the coming into force of any
- 1. Subject to paragraph 2 of this Article, actions
for compensation under the provisions of this Convention may be brought
only before the courts of the State Party in whose territory the damage
- 2. Where damage occurs in more than one State
Party, actions under the provisions of this Convention may be brought
only before the courts of the State Party the territory of which the
aircraft was in or about to leave when the event occurred.
- 3. Without prejudice to paragraphs 1 and 2 of this
Article, application may be made in any State Party for such
provisional measures, including protective measures, as may be
available under the law of that State.
— RECOGNITION AND ENFORCEMENT OF JUDGEMENTS
- 1. Subject to the provisions of this Article,
judgements entered by a competent court under Article 16 after trial,
or by default, shall when they are enforceable in the State Party of
that court be enforceable in any other State Party as soon as the
formalities required by that State Party have been complied with.
- 2. The merits of the case shall not be reopened in
any application for recognition or enforcement under this Article.
- 3. Recognition and enforcement of a judgement may
be refused if:
- (a) its recognition or enforcement would be
manifestly contrary to public policy in the State Party where
recognition or enforcement is sought;
- (b) the defendant was not served with notice of
the proceedings in such time and manner as to allow him or her to
prepare and submit a defence;
- (c) it is in respect of a cause of action which
had already, as between the same parties, formed the subject of a
judgement or an arbitral award which is recognized as final and
conclusive under the law of the State Party where recognition or
enforcement is sought;
- (d) the judgement has been obtained by fraud of
any of the parties; or
- (e) the right to enforce the judgement is not
vested in the person by whom the application is made.
- 4. Recognition and enforcement of a judgement may
also be refused to the extent that the judgement awards damages,
including exemplary or punitive damages, that do not compensate a third
party for actual harm suffered.
- 5. Where a judgement is enforceable, payment of any
court costs and other expenses incurred by the plaintiff, including
interest recoverable under the judgement, shall also be enforceable.
— REGIONAL AND MULTILATERAL AGREEMENTS ON THE RECOGNITION AND
ENFORCEMENT OF JUDGEMENTS
- 1. States Parties may enter into regional and
multilateral agreements regarding the recognition and enforcement of
judgements consistent with the objectives of this Convention, provided
that such agreements do not result in a lower level of protection for
any third party or defendant than that provided for in this Convention.
- 2. States Parties shall inform each other, through
the Depositary, of any such regional or multilateral agreements that
they have entered into before or after the date of entry into force of
- 3. The provisions of this Chapter shall not affect
the recognition or enforcement of any judgement pursuant to such
— PERIOD OF LIMITATION
- 1. The right to compensation under Article 3 shall
be extinguished if an action is not brought within two years from the
date of the event which caused the damage.
- 2. The method of calculating such two-year period
shall be determined in accordance with the law of the court seised of
— DEATH OF PERSON LIABLE
In the event of the
death of the person liable, an action for damages lies against those
legally representing his or her estate and is subject to the provisions
of this Convention.
— FINAL CLAUSES
– SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION
- 1. This Convention shall be open for signature in
Montréal on 2 May 2009 by States participating in the
International Conference on Air Law held at Montréal from 20
April to 2 May 2009. After 2 May 2009, the Convention shall be open to
all States for signature at the Headquarters of the International Civil
Aviation Organization in Montréal until it enters into force
in accordance with Article 23.
- 2. This Convention shall be subject to ratification
by States which have signed it.
- 3. Any State which does not sign this Convention
may accept, approve or accede to it at any time.
- 4. Instruments of ratification, acceptance,
approval or accession shall be deposited with the International Civil
Aviation Organization, which is hereby designated the Depositary.
– REGIONAL ECONOMIC INTEGRATION ORGANIZATIONS
- 1. A Regional Economic Integration Organization
which is constituted by sovereign States and has competence over
certain matters governed by this Convention may similarly sign, ratify,
accept, approve or accede to this Convention. The Regional Economic
Integration Organization shall in that case have the rights and
obligations of a State Party to the extent that that Organization has
competence over matters governed by this Convention.
- 2. The Regional Economic Integration Organization
shall, at the time of signature, ratification, acceptance, approval or
accession, make a declaration to the Depositary specifying the matters
governed by this Convention in respect of which competence has been
transferred to that Organization by its Member States. The Regional
Economic Integration Organization shall promptly notify the Depositary
of any changes to the distribution of competence, including new
transfers of competence, specified in the declaration under this
- 3. Any reference to a “State
Party” or “States Parties” in this
Convention applies equally to a Regional Economic Integration
Organization where the context so requires.
– ENTRY INTO FORCE
- 1. This Convention shall enter into force on the
sixtieth day following the date of deposit of the thirty-fifth
instrument of ratification, acceptance, approval or accession with the
Depositary between the States which have deposited such instruments. An
instrument deposited by a Regional Economic Integration Organization
shall not be counted for the purpose of this paragraph.
- 2. For other States and for other Regional Economic
Integration Organizations, this Convention shall take effect sixty days
following the date of deposit of the instrument of ratification,
acceptance, approval or accession.
- 1. Any State Party may denounce this Convention by
written notification to the Depositary.
- 2. Denunciation shall take effect one hundred and
eighty days following the date on which notification is received by the
Depositary; in respect of damage contemplated in Article 3 arising from
an event which occurred before the expiration of the one hundred and
eighty day period, the Convention shall continue to apply as if the
denunciation had not been made.
– RELATIONSHIP TO OTHER TREATIES
The rules of this
Convention shall prevail over any rules in the following instruments
which would otherwise be applicable to damage covered by this
- (a) the Convention on Damage Caused by Foreign
Aircraft to Third Parties on the Surface, Signed at Rome on 7 October
- (b) the Protocol to Amend the Convention on Damage
Caused by Foreign Aircraft to Third Parties on the Surface, Signed at
Rome on 7 October 1952, Signed at Montréal on 23 September
– STATES WITH MORE THAN ONE SYSTEM OF LAW
- 1. If a State has two or more territorial units in
which different systems of law are applicable in relation to matters
dealt with in this Convention, it may at the time of signature,
ratification, acceptance, approval or accession declare that this
Convention shall extend to all its territorial units or only to one or
more of them and may modify this declaration by submitting another
declaration at any time.
- 2. Any such declaration shall be notified to the
Depositary and shall state expressly the territorial units to which
this Convention applies.
- 3. For a declaration made under Article 2,
paragraph 2, by a State Party having two or more territorial units in
which different systems of law are applicable, it may declare that this
Convention shall apply to damage to third parties that occurs in all
its territorial units or in one or more of them and may modify this
declaration by submitting another declaration at any time.
- 4. In relation to a State Party which has made a
declaration under this Article:
- (a) the reference in Article 8 to “the
law of the State” shall be construed as referring to the law
of the relevant territorial unit of that State; and
- (b) references in Article 14 to
“national currency” shall be construed as referring
to the currency of the relevant territorial unit of that State.
– RESERVATIONS AND DECLARATIONS
- 1. No reservation may be made to this Convention
but declarations authorized by Article 2, paragraph 2, Article 22,
paragraph 2, and Article 26 may be made in accordance with these
- 2. Any declaration or any withdrawal of a
declaration made under this Convention shall be notified in writing to
– FUNCTIONS OF THE DEPOSITARY
IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly
authorized, have signed this Convention.
shall promptly notify all signatories and States Parties of:
- (a) each new signature of this Convention and the
- (b) each deposit of an instrument of ratification,
acceptance, approval or accession and the date thereof;
- (c) each declaration and the date thereof;
- (d) the modification or withdrawal of any
declaration and the date thereof;
- (e) the date of entry into force of this Convention;
- (f) the date of the coming into force of any
revision of the limits of liability established under this Convention;
- (g) any denunciation with the date thereof and the
date on which it takes effect.
DONE at Montréal on the 2nd day of May of the year two
thousand and nine in the English, Arabic, Chinese, French, Russian and
Spanish languages, all texts being equally authentic, such authenticity
to take effect upon verification by the Secretariat of the Conference
under the authority of the President of the Conference within ninety
days hereof as to the conformity of the texts with one another.
This Convention shall remain deposited in the archives of the
International Civil Aviation Organization, and certified copies thereof
shall be transmitted by the Depositary to all Contracting States to
this Convention, as well as to all States Parties to the Conventions
and Protocol referred to in Article 25.
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