The decision concerns the interpretation of the notion of damage of the Council Directive of 13 June 1990 on package travel, package holidays and package tours.
The directive has been implemented in Italy by the Legislative Decree 17 March 1995, n. 111, published in the Official Journal 14 April 1995, n. 88.
After a careful assessment of the facts, the Giudice di pace di Milano has concluded that the notion of damage contains also the moral prejudice caused to the consumers for the imprecise performance of the tour operation.
As to the judge this interpretation is in compliance with the aims of the Directive 90/314/EEC where it states: “In the matter of damage other than personal injury resulting from the non-performance or improper performance of the services involved in the package, the Member States may allow compensation to be limited under the contract. Such limitation shall not be unreasonable” (article 5).
Thus, the judge has liquidated the moral prejudice in the sum of € 550,00.