Publication: Magyar Közlöny
Issue: MK-2006-128 (Year: 2006, Number: 128)
Era: 2004-2010
Section: 
Paragraph Index: 877

b) compensation for financial loss, due to total or partial incapacity to work, or to increased needs. Article 13 Compensation for other bodily harm National law shall determine whether and to what extent the manager or the carrier must pay damages for bodily harm other than that provided for in Articles 11 and 12. Article 14 Form and amount of damages in case of death and personal injury § 1 The damages provided for in Article 11 § 2 and in Article 12 letter b) must be awarded in the form of a lump sum. However, if national law permits the award of an annuity, the damages shall be awarded in that form if so requested by the injured person or by persons entitled referred to in Article 11 § 2. § 2 The amount of damages to be awarded pursuant to § 1 shall be determined in accordance with national law. However, for the purposes of these Uniform Rules, the upper limit per person shall be set at 175,000 units of account as a lump sum or as an annuity corresponding to that sum, where national law provides for an upper limit of less than that amount. Article 15 Loss of right to invoke the limits of liability The limits of liability provided for in these Uniform Rules as well as the provisions of national law, which limit the compensation to a certain amount, shall not apply if it is proved that the loss or damage results from an act or omission, which the author of the loss or damage has committed either with the intent to cause such loss or damage, or recklessly and with knowledge that such loss or damage would probably result. Article 16 Conversion and interest § 1 Where the calculation of compensation requires the conversion of sums expressed in foreign currency, conversion shall be at the exchange rate applicable on the day and at the place of payment of the compensation. § 2 The person entitled may claim interest on compensation, calculated at five per cent per annum, from the day of initiation of a conciliation procedure, of seizure of the Arbitration Tribunal provided for in Title V of the Convention or from the day on which legal proceedings were instituted. Article 17 Liability in case of nuclear incidents The manager and the carrier shall be relieved of liability pursuant to these Uniform Rules for loss or damage caused 2006/128. szám by a nuclear incident when the operator of a nuclear installation or another person who is substituted for him is liable for the loss or damage pursuant to the laws and prescriptions of a State governing liability in the field of nuclear energy. Article 18 Liability for auxiliaries The manager and the carrier shall be liable for their auxiliaries. Article 19 Other actions § 1 In all cases where these Uniform Rules shall apply, any action in respect of liability, on whatever grounds, may be brought against the manager or against the carrier only subject to the conditions and limitations laid down in these Uniform Rules. § 2 The same shall apply to any action brought against the auxiliaries for whom the manager or the carrier is liable pursuant to Article 18. Article 20 Agreements to settle The parties to the contract may agree conditions in which they assert or renounce their rights to compensation from the other party to the contract. Title IV ACTIONS BY AUXILIARIES Article 21 Actions against the manager or against the carrier § 1 Any action in respect of liability brought by the auxiliaries of the carrier against the manager on account of loss or damage caused by him, on whatever grounds, may be brought only subject to the conditions and limitations laid down in these Uniform Rules. § 2 Any action in respect of liability brought by the auxiliaries of the manager against the carrier on account of loss or damage caused by him, on whatever grounds, may be brought only subject to the conditions and limitations laid down in these Uniform Rules. Title V ASSERTION OF RIGHTS Article 22 Conciliation procedures The parties to the contract may agree conciliation procedures or appeal to the Arbitration Tribunal provided for in Title V of the Convention. Article 23 Recourse The validity of the payment made by the carrier on the basis of the CIV Uniform Rules or the CIM Uniform Rules may not be disputed when compensation has been determined by a court or tribunal and when the manager, duly served with notice of the proceedings, has been afforded the opportunity to intervene in the proceedings. Article 24 Forum § 1 Actions based on these Uniform Rules may be brought before the courts or tribunals of the Member States designated by agreement between the parties to the contract. § 2 Unless the parties to the contract otherwise agree, the competent courts or tribunals shall be those of the Member State where the manager has his place of business. Article 25 Limitation of actions § 1 The period of limitation for actions based on these Uniform Rules shall be three years. § 2 The period of limitation shall run from the day when the loss or damage occurred. § 3 In case of death of persons, the period of limitation shall be three years from the day after the day the death 2006/128. szám occurred, but not exceeding five years from the day after the day of the accident. § 4 A recourse action by a person held liable may be brought even after the expiration of the limitation period provided for in § 1, if it is brought within the period allowed by the law of the State where the proceedings are brought. However, the period allowed shall be not less than ninety days from the day when the person bringing the recourse action has settled the claim or has been served with notice of the proceedings against himself. § 5 The period of limitation shall be suspended when the parties agree a conciliation procedure or when they seize the Arbitration Tribunal provided for in Title V of the Convention. § 6 Otherwise, suspension and interruption of the limitation period shall be governed by national law. Uniform Rules concerning the Validation of Technical Standards and the Adoption of Uniform Technical Prescriptions applicable to Railway Material intended to be used in International Traffic (APTU – Appendix F to the Convention) Article 1 Scope These Uniform Rules lay down, for railway material intended to be used in international traffic, the procedure for the validation of technical standards and the adoption of uniform technical prescriptions. Article 2 Definitions For the purposes of these Uniform Rules and its Annexes, the term

Source: https://magyarkozlony.hu/hivatalos-lapok/2e4053c97e04fee558f82d9fb365ea77452ed7bd/dokumentumok/66361d311c443bfe45b634a8bd519435b1a04ef7/letoltes