Ricerc@Sapienza

The essay focuses on the jurisprudence of the EU Court of Justice
which concerned the provisions of the Montreal Convention of 1999.
The Court, in fact, was able to intervene by directly interpreting the rules
of the Montreal Convention, the previsions of which, starting from
its entry into the force, first and foremost, are integral part of the EU
legal order as rules of international relevance. Moreover, pursuant to
Regulation 2027/1997/EC, as amended by Regulation 889/2002/EC,
the rules of the Convention on the carrier’s liability in the carriage of
passengers and baggage by air apply to the flights carried out by an EU
air carrier holding a valid operating license issued in accordance with
Regulation 2008/1008/EC. On the other hand, the Court of Justice was
also able to define the boundary line between the Montreal Convention
framework and those European rules concerning aspects not directly
covered by the Convention, such as protecting consumer and passenger
right measures in case of denied boarding, flight cancellation and
long delay. In this scenario are highlighted, and not without critical
elements,the aspects of continuity or complementarity between the
Montreal Convention and the other abovementioned European rules.