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[:en]CJEU: cancelled flight? Obligation to assist passengers.

[:en]The Court of Justicewith the judgment of 31 January 2013 in Case C-12/11, expresses itself once again on the issue of compensation for damage caused by delays and inconveniences to airline flights.

It is recalled, briefly, that with the Judgment of 23 October 2012, No. 629/10the Court held that, in the case of a passenger disembarking with a delay of three hours after the scheduled timethe parameters of damages dictated by EC Regulation No. 261/2004 apply. flat-rate compensation of between 250 and 600 eurosin the event of flight cancellation.

The judgment of 23 October also specified that compensation cannot be claimed if the air carrier proves that the delay was caused by extraordinary circumstances, which could not have been avoided even if all reasonable measures had been taken, i.e. circumstances beyond the air carrier's actual control.

In the judgment under review, the Court of Justice specifies on this point that, even in the event of force majeure, companies are not exempt from theobligation to provide assistance to stranded passengers. Therefore, even if the flight is cancelled due to exceptional circumstances such as the closure of the airspace - in this case the eruption of the Icelandic volcano Eyjafjallajökull - the carrier is still obliged to assist passengers without any time or money limitations by providing them with accommodation, meals and refreshments.

Moreover, the Court emphasises that, when the air carrier has not fulfilled its obligation to provide assistance to the passenger, the latter may obtain, only the reimbursement of such sums as are necessary, appropriate and reasonable.

 

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Il distacco

The detachment from the network. A quantifiable detachment?

[:it]If a citizen remains without connectionand, can you claim damages from the telephone company?

This question was answered by the Justice of the Peace of Trieste with a recent ruling (GdP Trieste 30/7/2012 no. 587).

The case involved a family that was left without an ADSL connection for four months, who turned to the Justice of the Peace in order to claim compensation for the damages suffered. The judge ruled on the point, stating that "case law has long been oriented towards the view that the disconnection or failure to connect the telephone and Internet line constitutes pecuniary damage and existential damage for the contract holder and his family, damage considered particularly serious in an age when communication is fundamental to every aspect of daily life."

On the basis of this reasoning, the Judge has thereforeliquidated pecuniary damage resulting from non-fulfilment (having left the family disconnected for 4 months) by stating: "such a breach, although not precisely quantifiable economically, fulfils the conditions of thecan be fairly valued at € 1,600.00. "

The judge continued in his reasoning, also recognising the damage from "digital divide", i.e. damage of an existential nature characterised by the citizen's exclusion from the network. The lack of access to connectivity services generates, compromises the relational sphere, realising activities and different life habits.

On this point the Judge: 'somewhat difficult to carry out daily activities, difficulties constituting a prerequisite for granting the plaintiff compensation for the existential damage suffered as a result of the breach of contract by the telephone operator ....The assessment of the damage in the absence of objective criteria must be determined equitably at €800.00"

 

 

 

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