The Italian Journal of Tourism Law (Vol. 33/2021) recently published an article by Marco Lopez de Gonzalo, partner of our law firm, entitled “The Supreme Court “rewrites” the rules on jurisdiction in the carriage of passengers by air”.
The article examines three decision of the Italian Supreme Court (Cass. civ., 8 July 2019, no. 18527; Cass. civ., 13 February 2020, no. 3561; Cass. civ., 5 November 2020, no. 24632), in which the issues of the scope of application of the 1999 Montreal Convention and the Brussels I Regulation, as well as the notion of the carrier’s “place of business” in cases of online contracting are addressed.
The decisions are partially at odds with the jurisprudence of the European Court of Justice, and they are not entirely persuasive.