Oracle secures a full victory for the airline before the Italian Supreme Court

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Oracle secures a full victory for the airline before the Italian Supreme Court: claim dismissed – no additional damages where flight cancellation is timely notified

Oracle successfully represented the airline before the Italian Supreme Court (Corte di Cassazione), which confirmed that no additional pecuniary damages are payable where a flight cancellation is communicated sufficiently in advance and passengers are properly offered the standard options provided under EU law.

Background of the dispute

The case arose from the cancellation of a flight that was notified more than 14 days prior to departure.
Although the airline had immediately offered the passenger the choice between rerouting and a refund, the claimant sought additional damages, alleging broader economic loss.

At both first instance and appellate level, the defence established that:

Both courts dismissed the claim — and the Italian Supreme Court has now confirmed that approach.

The Supreme Court’s decision

The Supreme Court reaffirmed a clear principle: where a flight is cancelled with more than 14 days’ notice and the carrier duly informs the passenger of the alternatives provided under Regulation (EC) No 261/2004, the passenger is entitled to a refund of the ticket price, but no further compensation is due, unless the passenger proves a distinct and blameworthy conduct on the part of the airline.

In the present case, the passenger also sought reimbursement of the price difference between the cancelled flight and newly purchased tickets, as well as non-pecuniary damages.

The ruling reinforces a key distinction between:

clarifying that these two frameworks cannot be combined to create a broader right to compensation in the absence of concrete evidence of additional harm.

Key passage from the Supreme Court

The Court expressly endorsed the reasoning of the Court of Appeal, stating that:

“no conduct capable of justifying compensation for additional pecuniary damage can be attributed to the carrier.”

The Court further held that the grounds of appeal merely sought to reopen the assessment of the facts — an exercise that is not permitted in cassation proceedings.

Why this decision matters

This ruling provides important guidance for the aviation sector:
Compliance protects airlines from liability
 When carriers notify cancellations in a timely manner and transparently offer rerouting or refunds, the legal system recognises that their obligations have been fulfilled.
Documentation is decisive
 Maintaining clear and readily accessible records of cancellation notices and assistance options is often crucial in litigation.
The Supreme Court is not a third instance on the merits
 Attempts to re-argue factual issues through procedural grounds will fail unless a genuine error of law is demonstrated.