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The customer is entitled to damages for ruined holidays for late departure of the aircraft

This weekend we go back on holiday ruined by the damage, a topic recently in our association's recent meeting weekly radio show in Trentino Inblu.

The sentence that we propose has recently been pronounced by the Court of Milan, which has identified the existence of such damage even in cases where the carrier unreasonably delays the start.

National case law, following a community, is gradually expanding the types covered by the figure of the damage ruined holiday.

ITALIAN REPUBLIC

IN THE NAME OF THE ITALIAN PEOPLE

COURT OF PEACE IN MILAN

SECOND CIVIL DIVISION

Justices of the Peace Milan, the second section, civil, dr. Saverio Madonna, gives the following

JUDGEMENT

the civil suit registered as No. (...) / 09 Reg Gen., promoted by

CF, a resident of T. (V.) on a (...), tax (...) address for service in PD (M.), away (...), at the office of Dr.. TM, which it represents and defends the right of attorney to the margin of the quotation,

actor

against

A. The airline, headquartered in (...) , etc. (...), in the person of the liquidator pro tempore,

defendant

Subject: Damages.

OF THE PROCESS

By summons duly served on 26 February 2009 CF agreed to trial before the GDP of Milan, the airline ASPA in the person of the liquidator pro tempore to hear microesistenziale order to pay damages and financial loss in the amount of 850.00 euros, of which € 500.00 as compensation and Euro 300.00 for legal fees, including the amount of Euro 222.64, suffered in the same round-trip air travel from Milan to Trapani, because of delayed flights, with victory costs and fees of the proceedings.

Specifically, plaintiffs argued that:

for the journey's departure from Linate airport, the flight (...) scheduled at 18.25 the day (...), took place at 00.30 and landing at T., scheduled at 19.55 the same day, took place at 02.00 the next day;

for the return journey to the departure of the flight from Trapani (...), scheduled for 09.25 hours of the day (...), took place at 10.55, and landing at the airport Milan Linate airport, scheduled at 10.55 the same day, occurred at 13.00;

on (...), with total compensation of damages, the defendant requested the airline. the sum of Euro 700.00;

on September 18, 2008 the defendant was formulating a proposal for a refund equivalent to a bonus / airline ticket for a trip on flights A.;

on December 15, 2008 the defendant was placed in liquidation, appointing the 'CEO PR as its liquidator.

At the hearing on May 4, 2009 the defendant A SpA although duly summoned, fails to appear or be represented in court and therefore was declared in default.

Subsequently, the defendant itself did not attend even to make the formal interrogation.

consultation with the heads indicated the plaintiff, the cause, sufficiently documented, subject to customary obligations, was retained in the decision at the hearing on September 28, 2008.

GROUNDS

The application is based only in part and is accepted within the limits explained below.

About an debeatur, the actor has documentary evidence of booking air travel described in narrative (Doc. 1 issue actor).

E 'was also tried, through the declarations made at the hearing of the day (...), TE the heads (of which there is no reliable reason to doubt), the delay of about eight hours of the departure of flights from Linate airport (...), which occurred at about 02.00 the day (...) rather than, as expected, at 18.25 the day (...).

The witness said also that he did "Mr company. C. until boarding" and that it "was particularly upset because the notice of the delay was given in Milan, after being party an hour and a half earlier by D..

should be finally pointed out that in the letter sent to 09/09/2008 defender of the plaintiff, the defendant has recognized the inefficiency of the flights in question, indicating that they are "willing (...) to reimburse all costs to stay closely connected at the airport and documentary evidence "and claiming to be" available, in a perspective of maintaining good relations with customers, to offer even the issue of a bonus / trip for an upcoming trip flight A. "(See exhibit 2. dossier actor).

Faced with such allegations, the company that ASPA has been in default for the entire trial and has not even made to make the 'formal interrogation, no evidence was put forward by the defendant, in order to show the exact performance of the service placed against him.

It is, therefore, found the delay of flights booked by the plaintiff (eight-hour delay in the journey of (...) from Milan to Trapani, an hour and a half late in returning the (...) 2008) and the state of anxiety and nervousness thereof, caused by waiting long.

Article. 19 of the Convention signed at Warsaw October 12, 1929 (ratified and implemented in Italy by Law No. 8541 of 1932), governing the air transport contract expressly provides that: "The carrier is liable for the damages for delay in air transport passengers, baggage and cargo. "

The airline agreed, therefore, is liable for damage caused to the actor, as it has fulfilled all the obligations assumed under the contract of carriage, nor demonstrated that it had taken all possible measures to prevent the damage caused by delay.

As regards the quantum debeatur, the judges considered that nothing can be settled by way of pecuniary damage, as the plaintiff has offered no specific evidence in this regard.

can not be accepted, also, the application for refund of the ticket of € 222.64, as the actor has used the carriage.

Go, instead, awarded to a so-called existential damage, produced by the doctrine and confirmed by the Court in several judgments, consisting of a state of anxiety, nervousness and frustration caused by the expectation that the prolonged delay of flights.

With regard to the damage, in the absence of firm evidence about its size and scope, it is considered fair under Article quantify. 1226 cc, in a total of € 300.00.

Thus, the ASPA is ordered to pay in favor of CF, the said sum of Euro 300.00, plus statutory legal interest from the date of the application to the balance of the debt value.

Court fees under art. 91 Code, shall be borne by the unsuccessful defendant and dismiss it as a translation device, in partial consideration of the acceptance of applications to the quantum and taking into account the nature and value of the dispute, the size and number of the issues involved, the degree the requested authority and the activities carried out by counsel for the actor.

PQM

Justices of the Peace of Milan, finally saying, partially upheld the application, all contrary claims and dismissed the exception, hereby orders:

1) condemns himself ASPA of the liq tempore, to pay to the CF of the sum of Euro 300.00 plus interest from the application to the balance;

2) the same sentence the defendant to pay plaintiff the costs of these proceedings, paid by a total of Euro 918, 93, with Euro 75.18 for costs 400.00 Euro for fees, and fees for Euro 350.00 Euro 93.75 flat rate reimbursement for overheads 12.5% \u200b\u200bpursuant to Art. 15 fees for lawyers, as well as CPA and tax law.

Decided in Milan October 13, 2009.

Filed in Chancery 19 February 2010.

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