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Case Details

Case Details
National ID no. 59118
Member State Italy
Common Name O.A. v. Airline “A”
Decision type Other
Decision date 18/11/2002
Court Giudice di pace (Others, Rome)
Subject
Plaintiff
Defendant
Keywords

Package Travel Directive, Article 5, 1. Package Travel Directive, Article 5, 2.

The Justice of Peace of Rome stated that a consumer is entitled to obtain damages for the airline company that has lost his/her luggage.
The judge awarded, inter alia, the claimant the material damage and the non-material damage suffered by the consumer for the loss of enjoyment of the holidays and the stress caused by the improper performance of the airline company.
On the 22 September 2001 the plaintiff sued the Airline “A” before the Justice of Peace of Rome claiming the material and non-material damages (i.e. Euro 2.582,28) arising from the breach of contract caused by the defendant.
As to the plaintiff, he has bought a ticket for a flight Rome-Paris-Caracas to start a tour of Venezuela and when he arrived in Caracas airport he discovered that the airline had lost his luggage. The baggage was founded some days after in Paris.
As a consequence of the above, the plaintiff has waited the luggage in Caracas for days and this fact has seriously undermined his plan to visit Venezuela. Thus, he decided to come back to Italy.
The Justice of Peace agreed with the arguments of the plaintiff and awarded him the total amount of 1.953 Euro.
The case concerns the claim of a consumer for the damages he suffered for the improper performance of the services provided by the airline companies.
The judge has considered the case-law concerning the notion of damage under the Directive 90/314/EEC and the Legislative Decree 17 March 1995, no. 111, on package travel, package holidays and package tours.
Accordingly with the National case-law, he awarded the material and non-material damages to the consumers.
The damages include the expenses occurred to the plaintiff while he was waiting the luggage, the stress and the suffering for the loss of enjoyment of the holidays.
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