Regulation 261/2004: The Follow-Up of Sturgeon Italian experience and Recent Development L2B WARSAW CONFERENCE 17 – 18 MAY 2012 S T U D I O L E G A L E P I E R A L L I N I E A S S O C I A T I W W W . S T U D I O P I E R A L L I N I . I T
Regulation 261/2004: The Follow-Up of Sturgeon Italian experience and Recent Development ECJ’s Decision on 19 November 2009 (Sturgeon Decision) No references for a preliminary ruling in the Italian experience. STUDIO LEGALE PIERALLINI E ASSOCIATI www.studiopierallini.it
Regulation 261/2004: The Follow-Up of Sturgeon Italian experience and Recent Development Impact of the Sturgeon Decision on the Italian experience No significant impact. Even before the Sturgeon Decision: Italian judges used to recognize passengers’ right to compensation in case of flight • delay of 3 hours, or less, and, in any case, to indemnify passengers for both pecuniary and so called moral damages arising from flight delay on the basis of the provisions set forth by the Montreal Convention (which, as known, provides for higher limits of air carrier’s liability) and/or on the basis of the general principles of law or equity provided by the Italian Civil Code and the Italian Navigation Code. The “extraordinary circumstances” constituting an excusable delay were already • restricted. STUDIO LEGALE PIERALLINI E ASSOCIATI www.studiopierallini.it
Regulation 261/2004: The Follow-Up of Sturgeon Italian experience and Recent Development Joint Cases “Nelson v. Deutsche Lufthansa” (C-581/10) and “TUI Travel plc (and others) v. CAA” (C-629/10) Oral hearing before the ECJ’s Grand Chamber held on 20 March 2012. Advocate General’s Opinion rendered on 15 May 2012: Articles 5, 6 and 7 of (EC) Reg. No. 261/04 are compatible with Articles 19 and 29 of the Montreal Convention; Articles 5, 6 and 7 of (EC) Reg. No. 261/04 are compatible with the principle of proportionality; Articles 5, 6 and 7 of (EC) Reg. No. 261/04 are compatible with the principle of legal certainty. STUDIO LEGALE PIERALLINI E ASSOCIATI www.studiopierallini.it
Regulation 261/2004: The Follow-Up of Sturgeon Italian experience and Recent Development • Conclusion: “ [ … ] passengers whose flights are delayed may rely on the right to compensation laid down in Article 7 of Regulation No 261/2004 where they suffer, on account of a delayed flight, a loss of time equal to or in excess of three hours, that is to say, when they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier ” . Grand Chamber’s Decision expected for late summer 2012. STUDIO LEGALE PIERALLINI E ASSOCIATI www.studiopierallini.it
Regulation 261/2004: The Follow-Up of Sturgeon Italian experience and Recent Development Italian alternative case law after Sturgeon “ [ … ] Compensation laid down in Article 7 of Regulation No 261/2004 covers both pecuniary and so called moral damages arising from flight delay [ … ] ” (among others, Justice of Peace of Florence - decision No. 8899/10). STUDIO LEGALE PIERALLINI E ASSOCIATI www.studiopierallini.it
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