Bruised Calves From Skiing

Supreme Court of Justice Civil Sec. III No. 11 May 2010 11361

Supreme Civil Sec. III No. 11 May 2010 11361

Civil Appeals - appellabilità judgments of Justices of the Peace and

Done right

CM and CG proposed appeal against the ruling of Judge Peace Catania on 13 January 2005, which had rejected the claim made by the applicants April 4, 2003, against the airline Alitalia denied boarding, despite having purchased tickets, forcing them to spend the night in Rome, referring to the departure the next day.

Alitalia is in court with defense.

Given that the measures made by the magistrate on an equitable basis, and published before the entry into force of D. lgs. N.40 of 2006, are final, and that under Article. 113 paragraph 2 Civil Code, the court decide on an equitable peace causes the value of which does not exceed € 1,100, except those resulting from legal relations in respect of contracts concluded in the manner provided for in art. 1342 cc with contracts arranged by the seller or the use of modules and forms, replaced by the following paragraph d. Decree No 8 February 2003 Article 18. 1, subsequently enacted into law on April 7, 2003 No. 63, Art. 1, applies to proceedings initiated by summons notified by February 10, 2003.

Since the identification of the means of appeal against decisions of the Justices of the Peace must be made in relation to the amount of the claim, in addition to any contractual obligation in question (Contract weight or less), and not be simply the result of the decision criterion adopted by the court, which issued in accordance with law or in equity, we can only identify the purpose of Article. 113 cpc in this case and see if we can speak of massive contract.

Decisions issued in the first instance and on mass contracts concluded by means of forms and forms are always appealable, regardless of value, and result in a decision rendered in accordance with law, to avoid dangerous inequality of treatment and to ensure consistency in decisions relating to the same contract case. These contracts are marked to be developed unilaterally by the professional who uses them on a large scale uniform treatment for an indefinite series of reports. In this case the buyers have bought a plane ticket from a travel agency, concluding a contract for air transport due to the type envisaged by art. 1342 cc, in fact the trip, which is written proof of the conclusion of the contract as required by law, is a document containing a statement of general conditions of carriage and other information.

In this case, the Justices of the Peace did not rule on the value of the claim or the fact that the contract is or is not a contract entered into pursuant to art. 1342 cc The remedy must therefore be identified on the basis of demand and not according to the decision criterion adopted in practice by the judge, and given the nature of the contract obligation in question, the means of appeal against the sentence in question is the appeal and the appeal.

PQM

The Court considers inadmissible the appeal and given the particular characteristics of the case compensates for the costs of Cassation.