Under the air transport contract, the right to compensation, provided for by art. 7 of EC Regulation n. 261 of 2004 in favor of the passenger who suffered a discomfort due to the delay, the denied boarding and/or cancellation of the flight, having a compensatory nature, is not subject to the period of forfeiture provided for by art. 35 of the 1999 Montreal Convention, whose operation is limited to compensatory actions, having, moreover, excluded that the referral made by the amended art. 949 ter c.n. – which refers to art. 941 c.n. – to the “EU rules” and to the “international legislation” leads to the automatic application of the Convention.
This was decided by the Supreme Court with Order No. 4427 of 20 February 2024