The passenger protection and the transfer of the right to compensation in air transport
Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Silvia Ciceri
Publishing Year 2025 Issue 2025/46
Language Italian Pages 19 P. 103-121 File size 252 KB
DOI 10.3280/DT2025-046005
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The Court of Justice of the European Union has ruled on the validity of a contractual clause prohibiting the assignment of the right to compensation granted to passengers in the event of flight cancellation. In the case at hand, six passengers had assigned this right to a debt collection company, which brought an action against the air carrier. The airline challenged the admissibility of the claim based on the clause included in its general conditions of carriage. The Court held that the right to compensation arises directly from Regulation (EC) No 261/2004, and that any contractual prohibition on its assignment constitutes an unlawful restriction under Article 15 of the same Regulation.
Silvia Ciceri, La tutela del passeggero e la cessione del diritto alla compensazione pecuniaria nel trasporto aereo in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 46/2025, pp 103-121, DOI: 10.3280/DT2025-046005