Territorial Jurisdiction in Air Transport: Commentary on Judgment No. 2031 of 2025

The very recent judgment No. 2031 of January 28, 2025, issued by the Court of Cassation, addresses a matter of significant importance in the air transport sector, particularly concerning territorial jurisdiction in compensation claims brought by passengers. This decision follows the path laid out by the Montreal Convention of 1999, which governs the liabilities of air carriers and the procedures for compensation in cases of delays or breaches.

Context of the Judgment

In this case, passenger E. (D'ANDRIA G.) initiated compensation proceedings against carrier M. for an air transport contract concluded online. The central issue concerned the territorial jurisdiction of the court called upon to resolve the dispute. According to Article 33, paragraph 1, of the Montreal Convention, the competent court is that of the place where the carrier has an establishment by which the contract was concluded. The Court clarified that this place coincides with the passenger's domicile, thus identifying the place where the contract was perfected.

Air transport contract concluded online - Passenger's compensation claim against the carrier - Territorial jurisdiction - Article 33, paragraph 1, of the Montreal Convention of May 28, 1999 - Place where the carrier has an establishment by which the contract was concluded - Identification with the buyer's domicile - Basis. In the case of an air transport contract concluded online, the court of the place where the carrier "has an establishment by which the contract was concluded" - to which Article 33, paragraph 1, of the Montreal Convention of May 28, 1999, concurrently attributes jurisdiction over the passenger's compensation claim - is to be identified with that of the latter's domicile, as the place where the contract is to be considered perfected.

Implications of the Judgment

This judgment represents a significant step forward in protecting passengers' rights, as it clarifies that the competent court is not only the one in the place where the carrier has its registered or operational office, but also the passenger's domicile. This aspect is particularly significant for those who book flights online, as they may often find themselves in situations of uncertainty regarding territorial jurisdiction.

• Clarity in defining territorial jurisdiction.
• Protection of passengers' rights.
• Importance of domicile in contract perfection.

Conclusions

Judgment No. 2031 of 2025 serves as a reference point for future disputes concerning air transport. It highlights the importance of ensuring fair access to justice for passengers, allowing them to pursue legal actions in the most convenient location for them. The Court of Cassation, with this decision, has demonstrated its attentiveness to consumer needs, ensuring that their rights are not sacrificed in the name of a rigid interpretation of the rules.