Il danno risarcibile nel trasporto aereo: il danno morale

In air transport the 1999 Montreal Convention does not consider mental injury. In Argentina mental injury has been made subject to compensation by means of a «declaración interpretativa» of the Convention open to criticism, whereas in Italy the same outcome has been achieved modifying a national statute. The mental injury concept is different to that of moral damage, because the last one is a possible consequence of the first one. For a long time the Argentine case-law considers the moral damage as subject to compensation and, in case of baggage damage, holds that the limit of liability includes both pecuniary and moral damage. In a 2010 judgement the European Court of Justice achieved the same result, but the ground for its judgement is open to criticism. It is right to hold that the moral damage is subject to compensation, but taking into account the «special declaration of interest in delivery at destination».