Expert Guides – Supreme Court decision on the passenger burden of the proof The recent practice of Italian Justice of Peace

Expert Guides

Supreme Court decision on the passenger burden of the proof The recent practice of Italian Justice of Peace
The Italian Supreme Court (Corte di Cassazione) has recently ruled on the burden of the proof applicable to both Montreal Convention 1999 and to the EC Regulation 261/2004 claims for denied boarding, flight cancellation and delay. Said ruling can be considered notable, given the rare frequency of proceedings pertaining the above claims being appealed in third and final instance before the Italian Supreme Court. Indeed, most of the disputes regarding the possible disruptions in air transport of passengers ruled by articles 4 (“Denied boarding”), 5 (“Cancellation of flight”) and 6 (“Delay”) of the EC 261/04 Regulation, and by article 19 (“Delay”) of the Montreal Convention 1999, are usually discussed before the Italian Justice of the Peace – JoP – offices, due to the fact that their value is in most cases limited (or purposely kept, as clarified below) within the JoP claim competence, i.e. below Euro 5,000.

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