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

The very recent judgment No. 2031 of January 28, 2025, issued by the Court of Cassation, addresses a topic of significant importance in the field of air transport, particularly regarding jurisdiction in compensation claims filed by passengers. This decision aligns with the Montreal Convention of 1999, which governs the responsibilities of air carriers and the methods of compensation in cases of delays or breaches.

The Context of the Judgment

In this case, passenger E. (D'ANDRIA G.) initiated a compensation action against carrier M. for an air transport contract concluded online. The central issue concerned the jurisdiction of the court called 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 enterprise that has entered into the contract. The Court clarified that this place coincides with the domicile of the passenger, thus identifying the location of the contract's conclusion.

Online air transport contract - Passenger's compensation action against the carrier - Jurisdiction - Art. 33, paragraph 1, of the Montreal Convention of May 28, 1999 - Place where the carrier has an enterprise that has entered into the contract - Identification with the domicile of the purchaser - Foundation. In the case of an online air transport contract, the court of the place where the carrier "has an enterprise that has entered into the contract" - to which Art. 33, paragraph 1, of the Montreal Convention of May 28, 1999 attributes, concurrently, jurisdiction over the compensation claim brought by the passenger - must be identified with that of the domicile of the latter, as the place where the contract is understood to be perfected.

Implications of the Judgment

This ruling represents an important step forward in protecting passengers' rights, as it clarifies that the competent court is not only that of the place where the carrier has its legal or operational headquarters but also the domicile of the passenger. This aspect is particularly significant for those who book flights online, as they often find themselves in uncertain situations regarding jurisdiction.

  • Clarity in the definition of jurisdiction.
  • Protection of passengers' rights.
  • Importance of domicile in the perfection of the contract.

Conclusions

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

Bianucci Law Firm