La convenzione di Montreal del 1999 sul trasporto aereo nell'interpretazione della corte di giustizia europea

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.