Italian jurisdiction in case of online purchase of extra UE flight ticket
Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Gabriella Matalone
Publishing Year 2020 Issue 2020/29 Language Italian
Pages 24 P. 77-100 File size 168 KB
DOI 10.3280/DT2020-029005
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This decision concerns a case of online purchase of an extra EU flight tickets, directly on the website of a Russian air company, giving rise to an action for damages. The Corte di Cassazione affirmed the Italian jurisdiction, based on an evolutionary interpretation of the criteria set by the art. 33.1 of the Montreal Convention 1999 for the unification of certain rules for international carriage by air. Since in case of online purchase it is impossible to localize the place where the contract was made, the Supreme Court stated that the jurisdictional competence is in the State of the consumers’ domicile; the aim of the decision is to ensure the consumers’ protection, as well as their easier access to justice, assuming that these principles can be inferred from the object and purpose of the very same Montreal Convention 1999
Gabriella Matalone, La competenza giurisdizionale italiana in caso di acquisto del biglietto aereo online in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 29/2020, pp 77-100, DOI: 10.3280/DT2020-029005