THE ESSENTIALITY OF A LARGE HAND LUGGAGE 363 4. THE REGULATION OF CABIN BAGGAGE IN AIR TRANSPORT AND THE “ESSENTIALITY OF LARGE HAND LUGGAGE” Regulation of the air transport contract in Italy faces some problems in terms of identification and coordination of the applicable law, since there are several sources of laws: international, European and internal13. With the Montreal Convention of 28 May 1999 coming into force for the unification of certain rules relating to international air transport14 (signed by the European Community on 09/12/1999 and approved with Decision 2001/359/ EC of the Council on 05/04/2001), an international disciplinary uniformity has been reached. The Convention was ratified in Italy with Law No. 12 of 10 January 2004 and entered into force on 28 June 2004.The EuropeanCommunity, in addition to ratifying the Montreal Convention in 2001, has also issued various regulatory provisions on air transport. With regard to baggage regulations, in particular the Council Regulation (EC) No. 2027/97 of 9 October 1997, “on the liability of the air carrier with regard to the air transport of passengers and their baggage”, as amended by Reg. EC No. 889/2002 of the European Parliament and of the Council of 13 May 200215 and, with regard to prices, Regulation (EC) 1008/2008 of the European Parliament and of the Council of 24 September 2008 laid down common rules for the provision of air services in the community. 13 For sources, see among others: G. Mastrandrea & L. Tullio, Il compimento della revisione della parte aeronautica del codice della navigazione (The completion of the revision of the aeronautical part of Navigation Code), in Dir. Mar., 2006, pp. 699 et seq; S. Busti, Contratto di trasporto aereo (Air transport contract), Milan, 2001; E.G. Rosafio, Problemi applicativi a seguito dell’entrata in vigore della Convenzione di Montreal del 28 maggio 1999, per l’unificazione di alcune norme relative al trasporto aereo internazionale (Application problems following the entry into force of the Montreal Convention of 28 May 1999, for the unification of certain rules relating to international air transport), in Dir. tur., 2004, p. 32. On air transport, see: A. Corrado, Il contratto di trasporto aereo di persone (The air transport contract of persons), in Vignali (ed.), Trasporti e turismo (Transport and tourism), Milan, 2016, p. 167. 14 The Montreal Convention did not lead to the denunciation of the previous Warsaw Convention of 12 October 1929, so both laws can be enforced, but within the limits of Art. 55 of the Montreal Convention which provides for its prevalence in all countries where both Conventions have been signed. On the Convention for the unification of certain rules relating to international air transport, signed in Warsaw on 12 October 1929, (amended by the Hague Protocol), see: M. Comenale Pinto, La responsabilità del vettore aereo dalla Convenzione di Varsavia del 1929 alla Convenzione di Montreal del 1999 (The liability of the air carrier from the 1929 Warsaw Convention to the 1999 Montreal Convention), in Diritto e Storia (Law and History), No. 2, 2003, in http://www.dirittoestoria.it/lavori2/Contributi/Comenale-Responsabilit.htm. 15 The Community also intervened with: EC Reg. of the European Parliament and of the Council No. 261/2004 of 11 February 2004, which established common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellation or prolonged delay; EC Reg. of the European Parliament and of the Council No. 2111/2005 of 14 December 2005, concerning the establishment of a Community list of air carriers subject to an operating ban within the Community and to information to be provided to air passengers on the identity of the actual air carrier and repealing the Art. 9 of Dir. 2004/36/CE.
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