38However, to the extent that, as the Advocate General observed in point 32 of his Opinion, neither the Montreal Convention nor Regulation No 2027/97, which implements the relevant provisions of that convention relating to the carriage of passengers and their baggage by air, lays down specific provisions concerning evidence of the damage referred to in that convention, it is necessary, in accordance with the principle of procedural autonomy, to apply the relevant rules of national law, as indeed is shown by recital 18 of Regulation No 889/2002, according to which to the extent that further rules are required in order to implement the Montreal Convention on points that are not covered by Regulation No 2027/97, it is the responsibility of the Member States to make such provisions.
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