Italy: Danni Agli Aeromobili: Obblighi E Responsabilità Degli Operatori Del Settore (Produttori, Manutentori, Vettori Ed Handlers)

Damage To Aircraft: Obligations And Responsibilities Of The Industry (Producers, Maintainers, Vectors, And Handlers)

Responsabilità degli operatori e gestori di handling aeroportuale

  1. Normativa internazionale (Annesso 14 ICAO), europea (Reg. UE n. 1108/2009) e nazionale (Circolare ENAC APT-02B/2013).
  2. Responsabilità contrattuale: nasce in capo agli operatori/gestori a causa dell'inadempimento del ground handling agreement.
  3. Responsabilità extracontrattuale: artt. 2043 (principio generale del neminem laedere) e 2050 cod. civ. (esercizio di attività pericolosa).
  4. Concorso di responsabilità contrattuale ed extracontrattuale?

Responsabilità contrattuale del gestore/operatore e limitazioni: art. 8 SGHA

Articolo 8 dello IATA Standard Ground Handling Agreement (SGHA) esonero totale da responsabilità (unless done with intent to cause damage, death, delay, injury or loss or recklessly and with the knowledge that damage, death, delay, injury or loss would probably result) che ricomprende anche ipotesi di morte o lesioni di passeggeri, dipendenti ed ausiliari del vettore.

Contenziosi in merito all'entità dei danni indennizzabili, in ragione del fatto che l'art. 8.1 contempla una rinuncia all'azione del vettore nei confronti della società di handling, fatte salve le eccezioni stabilite all'art. 8.1 lett. d) e all'art. 8.5.

Responsabilità contrattuale del gestore/operatore e limitazioni: art. 8.1 SGHA

Articolo 8.1 SGHA 2013: il vettore si impegna a non avanzare alcuna pretesa nei confronti della società di handling e a tenerla indenne da qualsiasi responsabilità per reclami o azioni legali, compresi i costi e le spese accessorie, in relazione a:

  1. ritardo, lesioni o morte di passeggeri;
  2. lesioni o morte di dipendenti del vettore;
  3. danneggiamento, ritardo o perdita di bagagli, merci o posta del vettore;
  4. danneggiamento o perdita di beni di proprietà o gestiti dal vettore o per suo conto da terzi, così come ogni danno o perdita conseguenti derivanti da azioni od omissioni della società di assistenza in esecuzione del contratto, a meno che non siano stati compiuti con l'intento di causare danneggiamenti, morte, ritardi, lesioni o perdite ovvero con temerarietà e consapevolezza che tali danni sarebbero probabilmente derivati.

art. 8.5 SGHA

Notwithstanding Sub-Article 8.1(d), the Handling Company shall indemnify the Carrier against any physical loss of or damage to the Carrier's Aircraft caused by the Handling Company's negligent act or omission PROVIDED ALWAYS THAT the Handling Company's liability .... shall not, in any event, exceed USD 1,500,000, except that loss or damage in respect of any incident below USD 3,000 shall not be indemnified.

For the avoidance of doubt, save as expressly stated, this Sub-Article 8.5 does not affect or prejudice the generality of the provisions of Sub-Article 8.1 including the principle that the Carrier shall not make any claim against the Handling Company and shall indemnify it against any liability in respect of any and all consequential loss or damage howsoever arising.

Punti critici

  1. Le disposizioni dello SGHA vanno applicate in conformità ai principi e alle norme imperative del nostro ordinamento.
  2. L'art. 1229 cod. civ. sancisce la nullità degli accordi o delle disposizioni contrattuali che escludono la responsabilità di una delle parti in caso di "dolo o colpa grave". Questa disposizione è considerata espressione di un principio di ordine pubblico.
  3. La giurisprudenza afferma che le clausole di esonero di responsabilità in caso di lesioni o pregiudizio per l'integrità fisica o morale sono radicalmente nulle, prescindendo da qualunque grado di colpa.

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