CJEUs Decision in Nelson and Others in Light of the Exclusivity of the Montreal Convention
Bibliographic record
Abstract
The most recent decision by the Court of Justice of the European Union (CJEU) on passenger rights in air transport, based solely on interpreting internal European Union (EU) air law, yet again places at risk the international air law obligations of the twenty-seven EU Member States. The Montreal Convention 1999 (MC99), in its Article 29, expresses the clear intent of the drafters that the liability rules provided by the Convention, where applicable to the carriage, are exclusive of all local laws, rules and regulations that otherwise might be applied. Yet the Court purports to create alongside the undisputable and exclusive cause of action dealt with by the Montreal Convention a separate set of rules regulating the exact same matter. Providing no legal justification for doing so and without any discussion of the implications of the principle of exclusivity, the Court's decision raises serious concerns, with respect to the certainty of the internal EU legal order and with respect to international law and international relations.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".