Responsabilità civile per volo internazionale "cancellato" e giurisdizione italiana

The civil liability regime of the air carrier has been, and still is, the subject of great attention, especially in terms of favoring the weak passenger/contractor that permeates the entire discipline of the transport sector, not just airplanes. Two issues of great practical importance, as well as theoretical, are those concerning the compensatory allowance and the compensation for damages for the cancellation of the flight and the correlative problem of the jurisdiction, with particular reference to the place of conclusion of the contract, where they are in relief the relationships between the Brussels I bis Regulation (EU Reg. no. 1215/2012), on jurisdictional competence, the recognition and enforcement of judgments in civil and commercial matters, and the Montreal Convention. In essence, it is a question of balancing the need for protection of the weak contractor with that of the predictability of the international forum: and, in fact, in the case of the purchase of air tickets online, this balance seems reasonable to the extent that the criteria indicated in art. 33, paragraph 1, of the Montreal Convention, are reinterpreted in the light of an increasingly dematerialized market and, therefore, less and less conditioned by the geographic location of the carrier. Telematic bargaining therefore produces a "shift in perspective" with respect to the traditional methods of identifying the elements of the contractual cases on which to anchor the jurisdictional competence, shareakingly inducing the interpreters to seek a location criterion that is as consistent as possible with the effectiveness of the contractual relationship, especially when it is characterized by an evident asymmetry.