Il Risarcimento del danno per ritardo aereo nel trasporto di persone

This paper aims to address the issue of flight delays in terms of the discrepancies that may exist between international and European standards and Italian civil law, not only in conventional terms but also looking into alternatives. The type of delay that is subject to damages being paid will be examined, particulary delays that result in moral injury. This analysis will be conducted in the context of the Montreal Convention 1999, the Warsaw Convention 1929, EC Regulation no. 261/2004 (and its proposed amendment, passed by the European Commission, 13 March 2013) and the most recent decisions of the European Court of Justice. The intention of the study is, therefore, to verify whether the above regulations are applicable in Italian civil law or whether discrepancies exist, in the context of navigational law.