Judgment No. 2034 of 2025 and Compensation in International Air Transport

Judgment No. 2034 of January 28, 2025, represents a significant step in jurisprudence concerning international air transport, establishing important guidelines on compensation for passengers in cases of delays. In particular, this decision by the Italian Court of Cassation focuses on the distinction between damage in re ipsa and presumed damage, providing essential clarifications on the scope of Article 20 of the Warsaw Convention of October 12, 1929.

Context of the Judgment

The Court examined the case of a passenger, T. D. M., who, at the end of an international journey, received their luggage two days late. The central issue concerned the claim for compensation, both for the damage caused by the delay and for additional expenses incurred due to this mishap. The decision confirmed the validity of the lump-sum compensation provided for by Article 20 of the Warsaw Convention, excluding compensation for expenses not duly proven.

Analysis of the Headnote

International air transport - Warsaw Convention of October 12, 1929 - Compensation under Art. 20 - Damage in re ipsa - Exclusion - Presumed damage - Configurability - Case law. In the context of international air transport, the lump-sum compensation provided for by Art. 20 of the Warsaw Convention of October 12, 1929, serves to compensate for the prejudice arising from the delay itself, which constitutes damage that is not "in re ipsa" (i.e., due to the mere infringement of the protected interest) but rather a prejudicial consequence distinct from the violation of the interest, albeit presumed by law. (In this case, the Supreme Court confirmed the lower court's judgment which had recognized the lump-sum compensation provided for by Art. 20 to a passenger who, upon returning from an international journey, had received their luggage two days late, rejecting, conversely, the claim for reimbursement of additional expenses allegedly incurred as a consequence of the aforementioned delay, as it was unsubstantiated).

This headnote clarifies that the compensation provided for by Article 20 applies exclusively to damage arising from the delay itself and not to additional undocumented expenses. The Court ruled that the damage cannot be automatically considered as damage in re ipsa, but must be demonstrated as a concrete consequence of the delay.

Implications of the Judgment

• Strengthening passenger protection: the decision confirms passengers' right to receive compensation in case of delays, but with the need to provide adequate proof for further compensation claims.
• Regulatory clarity: the judgment offers a clear interpretation of Article 20 of the Warsaw Convention, avoiding misinterpretations and promoting legal certainty in air transport.
• Potential impact on other cases: the Court's conclusions could influence future similar cases, establishing an important precedent for Italian jurisprudence.

Conclusions

In conclusion, Judgment No. 2034 of 2025 represents a significant evolution in the regulations on compensation for delays in international air transport. It emphasizes the importance of adequate proof for compensation claims and clarifies the distinction between damage in re ipsa and presumed damage. This decision not only offers protection to passengers but also contributes to greater clarity and consistency in the application of the law, strengthening the protection of travelers' rights internationally.