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

Judgment No. 2034 of January 28, 2025, represents an important step in the jurisprudence concerning international air transport, establishing significant guidelines on compensation for passengers in case 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.

The Context of the Judgment

The Court examined the case of a passenger, T. D. M., who, at the end of an international trip, received his luggage with a delay of two days. The central issue concerned the request 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 in Article 20 of the Warsaw Convention, excluding compensation for expenses not duly proven.

Analysis of the Principle

International air transport - Warsaw Convention of October 12, 1929 - Compensation under Article 20 - Damage in re ipsa - Exclusion - Presumed damage - Configurability - Case. In the context of international air transport, the lump-sum compensation provided for in Article 20 of the Warsaw Convention of October 12, 1929, serves to compensate for the prejudice arising from the delay itself, which constitutes a recurring damage not already "in re ipsa" (that is, by reason of the mere injury to the protected interest) but as a distinct harmful consequence from the violation of the interest, although presumed by law. (In this case, the Supreme Court confirmed the merits ruling that had recognized the lump-sum compensation provided for in Article 20 to a passenger who, upon returning from an international trip, had received his luggage with a two-day delay, rejecting, conversely, the request for reimbursement of additional expenses allegedly incurred as a result of the aforementioned delay, as it lacked evidence).

This principle clarifies that the compensation provided for in Article 20 applies exclusively to the damage resulting from the delay itself and not to undocumented additional expenses. The Court established that the damage cannot be automatically considered as damage in re ipsa, but must be proven 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 necessity to provide adequate proof for additional compensation requests.
  • Regulatory clarity: the judgment offers a clear reading of Article 20 of the Warsaw Convention, avoiding misinterpretations and promoting legal certainty in air transport.
  • Possible repercussions on other cases: the Court's conclusions could influence future similar cases, establishing an important precedent in Italian jurisprudence.

Conclusions

In conclusion, Judgment No. 2034 of 2025 represents an important evolution in the regulations on compensation for delays in international air transport. It emphasizes the importance of adequate proof for compensation requests 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 at an international level.

Bianucci Law Firm