by Gabriella Crosariol – The Italian Supreme Court confirmed that passengers can claim compensation for damages in Italy if their international flight was cancelled, despite the airline’s general terms and conditions designating a foreign jurisdiction (Italian Supreme Court, Decision n. 3561/2020 involving Ryanair).
Two Italian passengers sought damages from Ryanair after the cancellation of their return flight from Barcelona to Naples. Ryanair challenged the Italian court’s jurisdiction, referring to the General Terms and Conditions of Transport that passengers had accepted online. According to these terms, disputes were to be settled in Irish courts.
The case was elevated to the Italian Supreme Court, which confirmed the juriusdiction of the Italian Court referring to the Montreal Convention 1999 (for the Unification of Certain Rules for International Carriage by Air), signed by both Italy and Ireland.
Key Aspects of the Ruling:
- Application of the Montreal Convention 1999
The Italian Supreme Court based its decision on Article 33 of the Montreal Convention, which allows jurisdiction to be established according to alternative criteria, including the “place of destination” and “where the carrier has a place of business through which the contract has been made.” In cases of online booking, the place where the contract was concluded corresponds to the domicile of the purchaser (because the domicile of the carrier cannot anchored to its offices). This confirms the jurisdiction of the Italian Court.
- Italian Court’s Jurisdiction
The court rejected Ryanair’s claim that the Irish courts had jurisdiction, ordering that the domicile of the purchaser — in this case, Italy — is relevant for online booking.
- The Montreal Convention prevails over REGULATION (EU) No 1215/2012 on Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
The Supreme Court also clarified that the provisions on jurisdiction of the Montreal Convention are mandatory for international air transportation (art. 49) and take precedence over any jurisdiction agreements that airlines might try to enforce. Therefore agreements on prorogation of jurisdiction (art. 25) are not applicable and must be interpreted restrictively.
- Airlines liability for damages
The Italian Supreme court stated that airlines are liable for damages caused to passengers, baggage and cargo by delay of international flights, according to art. 19 of the Montreal Convention, including cancellation of flights, which must be considered as the most severe breach of contract by the airline.
We point out that general terms and conditions of online contracts are often unbalanced and may contain invalid clauses due to mandatory laws, international treaties and conventions.
In light of this ruling, passengers who experience flight cancellation and delay on international flights may seek compensation in their home country, even if the airline’s terms indicate a foreign jurisdiction.
How We Can Help
We assist passengers in asserting and enforcing their rights under international laws and conventions. If your flight was canceled and you need assistance with claiming compensation, we are here to help.