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Italy: cancelled flight violates personal rights

Court of Cassation agrees with passenger who had also requested moral damages

The Italian Court of Cassation established, in a recent ruling, that in the event of a cancelled or delayed flight there are valid circumstances to request further compensation for moral damages. This is therefore in addition to the reimbursement provided for the cancellation or prolonged postponement of a flight. The judges thus ruled in favor of a traveller who was unable to attend his father's funeral.

"Not having participated in the parent's funeral constitutes significant damage also in terms of damage to a protected asset, since our Constitution protects the family among its primary rights", we read in the ruling of the Italian Court of Cassation.

The judges therefore ruled in favor of the passenger, as the company had only given the 600 Euros foreseen as a lump sum provided for by the European regulation, while nothing had been recognized as compensation for the moral damage suffered. The Court of Cassation have instead established that a disruption in transport can seriously damage people's rights.

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AVIONEWS - World Aeronautical Press Agency