Traveling by plane with a suitcase to be sent in the hold always involves some risk: the luggage may arrive late or, in the worst cases, not arrive at all. And unfortunately these kinds of problems are on the increase. Assoutenti announces that in 2025 reports of baggage-related inefficiencies have increased, with not only material but also moral consequences.
President Gabriele Melluso explains:
Despite the efforts made by airlines and airport companies, the disservice continues to occur, causing not only material damage such as the loss of property and unexpected expenses for the purchase of linen and hygiene products, but also real moral damage, ruining trips and holidays for those who, having arrived at their destination, do not have their suitcase available.
Now, this situation can finally ease: according to a recent order of the Supreme Court, the traveler has the right to reimbursement for lost luggage even without having to provide the list of the contents of the suitcase or the receipts of the purchases made to replace the missing objects.
What happened
The Court’s decision comes at the end of a story that began in 2018, when the Trapani lawyer Giuseppe Nicosia, on holiday in Verona, saw his suitcase with all the family’s clothes lost.
After several complaints to the airline went unanswered, Nicosia decided to sue for compensation. Initially, his request was rejected: the company argued that there was a lack of evidence of the value of the goods contained in the baggage and of replacement purchases, such as receipts. However, the Supreme Court has now ruled in his favour.
What changes in case of lost luggage
The third civil section of the Supreme Court clarified that “the carrier is responsible for the things delivered for transport until the moment of redelivery“. And it is no longer necessary to demonstrate every single object lost but an equitable assessment of the damage suffered is sufficient. The Court underlines that it would be unreasonable to demand detailed information on the contents of the baggage.
But there is also another novelty. Previously, to obtain a refund, it was necessary to present receipts and proof of purchase of the replacement goods. Now, thanks to the decision of the Supreme Court, these documents become optional. The guidance is clear: reimbursement is based on the actual damage suffered by the passenger, not on the documentation of the expenses.
How much is the refund?
According to the provisions of the Montreal Convention, implemented in Italy and also explained by ENAC, in the event of loss of baggage or failure to return it within 21 days the passenger has the right to:
Sources: Supreme Court of Cassation / ENAC / Assoutenti
