تعويض المسافرين عن الأضرار النفسية (المعنوية)‎ الناجمة عن تنفيذ عقد النقل الجوي للركاب وفقا لاتفاقية مونتريال 1999

الملخص EN

The absence of a clear and explicit provision in Article (17/1) of the Montreal Convention of 1999 on the unification of certain rules for International Carriage by Air guaranteeing compensation for a passenger by air against psychological damages sustained during execution of air transport contract led to a conflict of the judgments issued by various courts based on the same convention.

This state of affairs has resulted in several difficulties in the air transport facility.

This research addresses the possibility of compensation for the psychological damages a passenger by air sustains in an incident that takes place during performance of a Carriage by Air contract.

In the first section، we spoke about the construction of the term (incident) set forth in the convention.

The term incident constitutes a key word to the damage، but the convention does not include an explanation for it.

We also talked about the intended meaning of the damage set out in Article (17/1) of the convention; whether the said term covers the psychological damage or not.

We then explained the intended meaning of “compensation” in the language، terminology and concept of the convention.

Upon close follow-up of the judicial judgments، we found out that the courts’ application of Article (17/1) has passed through three stages: in one stage، the courts did not pay attention to compensation for psychological damage while in the second one they adopted compensation for the damage provided that they are related to a bodily injury or damage.

We also examined some judicial rulings in which judges relied on psychological damages as a basis for compensation in spite of the fact that they were separate from the bodily injuries، which represent a third stage.

Finally, we highlighted the findings we have reached along with the recommendations.