False information coming from the tour operator and the civil liability of the air carrier for denied boarding
Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Leonida Gragnoli
Publishing Year 2025 Issue 2025/45
Language Italian Pages 12 P. 143-154 File size 228 KB
DOI 10.3280/DT2025-045007
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The European Union Court of Justice ruled on the application of Article 4, paragraph 3, of Regulation (EC) n. 261/2004 in the context of a so-called all-inclusive package travel. The decision recognised the passenger’s right to compensation, despite the fact that the denied boarding was not due to the conduct of the operating carrier, but was instead referred to the one of the travel organiser, who had provided passengers with inaccurate information on the transport. Such conclusions are not supported by an unequivocal legal basis, given the different wording of Article 4, paragraph 3, of the Regulation in the various official versions; above all, such an assumption is contrary both to the Montreal Convention of 1999 and to the European discipline on package travel.
Leonida Gragnoli, Le errate informazioni dell’organizzatore di viaggi e la responsabilità del vettore aereo per il negato imbarco in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 45/2025, pp 143-154, DOI: 10.3280/DT2025-045007