Giuseppina Agata Di Guardo – Riflessioni sul bird strike a margine di una pronuncia del Tribunale di Parma

DIRITTO E POLITICA DEI TRASPORTI (ISSN 2612-5056), I/2020, p. 80 – 91

Abstract. Legal implications of the bird strike phenomenon in the light of a recent decision by the Court of
Parma. In the light of a recent decision by the Court of Parma, this comment highlights the legal implications of the bird strike phenomenon. Indeed, the regulatory and jurisprudential developments that occurred through the reform of Part Two of the Navigation Code and the impetus given to this issue by the regulatory activities of the Civil Aviation Authority (ENAC) have helped to define more clearly the different tasks and related responsibilities of the parties involved. However, the complexity and the high technical specificity of the matter still make it difficult to establish a clear, unambiguous definition of the responsibilities with regard to cases such as the present one, for which the solution necessarily derives from the exact interpretation of the relevant provisions, especially with regard to the subject matter of flight assistance services and the tasks of ENAV, as well as the role of the Civil Aviation Authority. Therefore, it seems reasonable to expect that, in the absence of any further regulatory intervention to clarify the matter, the issues relating to liability profiles in the event of a bird strike (and wildlife strike in general) will not shortly be defined in a uniform way in Italian case-law and doctrine.