Having regard to the Treaty , namely article 84(2) and article 189(c), the Council introduced Regulation
No 2027/97 on air carrier liability in the event of accidents67. The obligations of Community air
carriers in relation to liability in the event of accidents to passengers for damage caused by death or injury
, if the damage caused while the person was on board an aircraft or during the operations of embarking
or disembarking, are laid down by this Regulation. The regulation clarifies insurance and
information requirements to be provided by air carriers. Article 2 of the Regulation provides various
concepts which are equivalent to those used in the Warsaw Convention and the other relevant Conventions
supplementary of it. Hence, there is a compatibility at least in legal terms. Although the liability
of a Community air carrier shall not be subject to any financial limit, the Community air carrier can
prove that the damage was caused by, or contributed to by, the negligence of the injured passenger and
therefore may be exonerated wholly or partly from its liability. Additionally, the carrier is not the sole
party liable to pay damages an it can seek contribution from any other party liable under the applicable
law. Thus, the air carrier can transfer its liability to another party. Moreover, the rules of evidence for
the passenger’s negligence are not stated within the Regulation which means that the carrier might can
easily provide evidence of negligence in many events taking into consideration the individualities of
air transport. Anyway this Regulation brings another safeguard for the passenger’s compensation.