The Response to the Impact of the COVID-19 Pandemic on Contracts for the Carriage of Passengers by Air and Package Travel in the German and Italian Law Systems

Abstract

This article investigates the response to the impact of the COVID-19 pandemic on contracts for the carriage of passengers by air and package travel in the German and Italian law systems, by presenting the relevant rules of positive law and their application by German and Italian courts. In fact, the courts of the two Member States have rendered several decisions on the cancellation of flights by carriers and the withdrawal from package travel due to the COVID-19 pandemic, as well as the issuance of vouchers following the termination of the related contracts. What emerges from this article is that, unlike the German law system, the Italian one has adopted a response to the impact of the COVID-19 pandemic which is not fully consistent with the indications coming from the EU level. In particular, an element of disruption with respect to the relevant EU guidelines is the adoption by the Italian legislature of art 88- bis D-L 18/2020, which addresses (residual) cases of so-called mandatory vouchers.