Lost luggage in flight, yes to compensation even if the damage cannot be quantified

In the case ofluggage definitivelylost due tothe fault of the airline, the judge cannot deny compensation simply because it was not possible to quantify the damage. The way forward is equitable compensation, based on a practice: that is, on what the traveller usually puts in hissuitcase, also taking into account the quantity of objects according to thelength of the 'journey'.

According to the Cassión de Cassación - which upheld the passenger's appeal - in most cases the trolley contains "clothing items, underwear, perfumes and accessories et similia in a quantity commensurate with the duration of the trip". According to the Supreme Court, once it was established that the passenger's suitcase had been definitively lost due to a breach of duty by the airline, the judge could not deny equitable compensation for asset damages, only because it was impossible to quantify them for a cause attributable to the plaintiff, who had only been able to rely on the testimony of his wife, which was considered to be of no use.

The Court also erred in requiring that the expenses incurred to buy back the items that had 'taken flight' should have been not only attached but also proved, for example by bringing the purchase receipts. "It must be emphasised in this regard that the only way to liquidate the damage claimed - reads the judgment - is in this case the equitable assessment, as it is unreasonable to expect that specific indications on the content of a baggage can be provided"