26Therefore, if the malfunctioning of a tyre is the sole result of impact with a foreign object lying on the airport runway, it cannot be regarded as inherent, by its nature or origin, in the normal exercise of the activity of the air carrier concerned. In addition, in view of the particular constraints to which the air carrier is subject during take-off and landing operations, related inter alia to the speed at which those operations are conducted and the need to ensure passenger safety aboard, and of the fact that the air carrier is not responsible for clearing the runway, such circumstances are outside that carrier’s actual control.
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