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If the flight is cancelled and if the passengers request compensation, the rules laid down in Article 33 of the Montreal Convention shall apply

Italian Supreme Court – Civil, United Sections, Judgment no. 3561 of 13 February 2020

date: 05.05.2020
Area: Litigation and Arbitration

In this ruling, the United Sections of the Supreme Court have established the principle of law that, if a flight is cancelled, if users request compensation, the rules laid down in Article 33 of the Montreal Convention will apply. In particular, the Supreme Court stated that, even if the contract concluded with the airline contains a clause extending jurisdiction, pursuant to said article, “an action for damages shall be brought, at the plaintiff’s choice, in the territory of one of the States of the parties, either before the court of the carrier’s domicile or of its principal place of business or of the place where it owns the undertaking which concluded the agreement, or before the court of the place of destination“. Furthermore, the Supreme Court clarified that, for online ticket purchases, the place where the carrier’s premises are located coincides with the domicile of the purchasers, if this is the place where the proposal was accepted through the web portal.

If the flight is cancelled and if the passengers request compensation, the rules laid down in Article 33 of the Montreal Convention shall apply

Italian Supreme Court – Civil, United Sections, Judgment no. 3561 of 13 February 2020

date: 05.05.2020
Area: Litigation and Arbitration

In this ruling, the United Sections of the Supreme Court have established the principle of law that, if a flight is cancelled, if users request compensation, the rules laid down in Article 33 of the Montreal Convention will apply. In particular, the Supreme Court stated that, even if the contract concluded with the airline contains a clause extending jurisdiction, pursuant to said article, “an action for damages shall be brought, at the plaintiff’s choice, in the territory of one of the States of the parties, either before the court of the carrier’s domicile or of its principal place of business or of the place where it owns the undertaking which concluded the agreement, or before the court of the place of destination“. Furthermore, the Supreme Court clarified that, for online ticket purchases, the place where the carrier’s premises are located coincides with the domicile of the purchasers, if this is the place where the proposal was accepted through the web portal.