Cadoni, Chiara (2013) La Tutela del passeggero marittimo nella prospettiva europea. Doctoral Thesis.
The maritime passengers rights have been traditionally regulated only at national level, particularly because of the difficulties encountered in regulating the matter at an international level. This background is going to be changed by the entry into force of two legislative measures taken by the European Union. The Regulation n. 392/2009 gives legal effect, within the EU, to the 2002 Protocol to the Athens Convention in order to ensure a single set of rules governing the rights of passengers in the event of an accident across the EU and provides an enhanced framework for compensation in the event of death or personal injury to a passenger, or loss or damage to luggage occurred when travelling on a sea journey. The Regulation n. 1177/2010 aims to establish minimum rules on information for all maritime passengers, addressing issues such as interruptions of journeys, the rules to be observed in the event of delays and in dealing with complaints and regulates how to provide assistance for persons with reduced mobility. The thesis discusses the main innovative aspects of the European and international legislation, their coordination with the law in force at the national level, with particular reference to the problems related to the identification and quantification of damages.
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