Francesco Ferrara – Determinazione del risarcimento per la perdita del bagaglio sul volo e ripartizione dell’onere probatorio

DIRITTO E POLITICA DEI TRASPORTI (ISSN 2612-5056), I/2021, p. 38 – 45

Abstract. Determination of compensation for loss of luggage on the flight and distribution of the burden of proof. The amount provided for by art. 22, paragraph 2, of the Montreal Convention, considered in conjunction with art. 17, paragraph 2, of the Convention itself must be regarded as the limit of the liability of the air carrier. This is a compensation limit which the passenger concerned does not enjoy right and at a flat rate, even in case of destruction, loss, damage or delay of the luggage delivered that has not been object of a special declaration of interest. It is up to the national Court to determine, within this limit, the amount of compensation due, with regard to specific circumstances. The amount of compensation must be determined by the national Court in accordance with the applicable rules of domestic law, especially in the field of evidence. These rules must not be less favourable than those relating to similar appeals in domestic law, nor structured in such a way as to make it practically impossible (or extremely difficult) to exercise the rights conferred by the Montreal Convention.