Examination of the Liability of the Air Carrier

If the court has jurisdiction to adjudicate the claim meritoriously as well as the personal and substantive scopes of the Convention encompass the case, and if the claim for action or complaint has been filed in due time, the court shall examine on the basis of substantive law via the elements of the facts of the legal case whether the liability of the air carrier prevails. During the adjudication, the judge assesses each essential condition required by the Convention, since merely in the case of the joint prevalence of the conditions may the fulfilment of the demands of the claimants for damages ensue pursuant to the rules of the Convention.