Convenzione sui danni causati da aeromobili stranieri a terzi sulla superficie, firmata a Roma il 7 ottobre 1952 (Convenzione di Roma) emendata dal Protocollo di Montreal del 23 settembre 1978 - testo consolidato.

THE STATES SIGNATORY to this Convention

MOVED by a desire to ensure adequate compensation for persons who suffer damage caused on the surface by foreign aircraft, while limiting in a reasonable manner the extent of the liabilities incurred for such damage in order not to hinder the development of international civil air transport, and also

CONVINCED of the need for unifying to the greatest extent possible, through an international convention, the rules applying in the various countries of the world to the liabilities incurred for such damage,

HAVE APPOINTED to such effect the undersigned Plenipotentiaries who, duly authorised, HAVE AGREED AS FOLLOWS:

CHAPTER I
PRINCIPLES OF LIABILITY

Article 1

1. Any person who suffers damage on the surface shall, upon proofonly that the damage was caused by an aircraft in flight or by any person or thing falling therefrom, be entitled to compensation as provided by this Convention. Nevertheless there shall be no right to compensation if the damage is not a direct consequence of the incident giving rise thereto, or if the damage results from the mere fact of passage of the aircraft through the airspace in conformity with existing air traffic regulations.
2. For the purpose of this Convention, an aircraft is considered tobe in flight from the moment when power is applied for the purpose of actual take-off until the moment when the landing run ends. In the case of an aircraft lighter than air, the expression "in flight" relates to the period from the moment when it becomes detached from the surface until it becomes again attached thereto.

Article 2

1. The liability for compensation contemplated by Article 1 of this Convention shall attach to the operator of the aircraft
2. (a) For the purposes of this Convention the term "operator" shallmean the person who was making use of the aircraft at the time the damage was caused, provided that if control of the navigation of the aircraft was retained by the person from whom the right to make use of the aircraft was derived, whether directly or indirectly, that person shall be considered the operator. (b) A person shall be considered to be making use of anaircraft when he is using it personally or when his servants or agents are using the aircraft in the course of their employment, whether or not within the scope of their authority.
3. The registered owner of the aircraft shall be presumed to be theoperator and shall be liable as such unless, in the proceedings for the determination of his liability, he proves that some other person was the operator and, in so far as legal procedures permit, takes appropriate measures to make that other person a party in the proceedings.
4. If the aircraft is registered as the property of a State, the liability devolves upon the person to whom, in accordance with the law of the State concerned, the aircraft has been entrusted for operation. 
   

Article 3

If the person who was the operator at the time the damage was caused had not the exclusive right to use the aircraft for a period of more than fourteen days, dating from the moment when the right to use commenced, the person from whom such right was derived shall be liable jointly and severally with the operator, each of them being bound under the provisions and within the limits of liability of this Convention.

Article 4

If a pErson makes use of an aircraft without the conseNt of the person entitled to its navigational control, the latter, unless he proves that he has exercised due care to prevent such use, shall be jointly and severally liable with the unlawful user for damage giving a right to compensation under Article 1, each of them being bound under the provisions and within the limits of liability of this Convention.

Article 5

Any person who would otherwise be liable under the provisions of this Convention shall not be liable if the damage is the direct consequence of armed conflict or civil disturbance, or if such person has been deprived of the use of the aircraft by act of public authority.

Article 6

1. Any person who would otherwise be liable under the provisionsof this Convention shall not be liable for damage if he proves that the damage was caused solely through the negligence or other wrongful act or omission of the person who suffers the damage or of the latter's servants or agents. If the person liable proves that the damage was contributed to by the negligence or other wrongful act or omission of the person who suffers the damage, or of his servants or agents, the compensation shall be reduced to the extent to which such negligence or wrongful act or omission contributed to the damage. Nevertheless there shall be no such exoneration or reduction if, in the case of the negligence or other wrongful act or omission of a servant or agent, the person who suffers the damage proves that his servant or agent was acting outside the scope of his authority
2. When an action is brought by one person to recover damagesarising from the death or injury of another person, the negligence or other wrongful act or omission of such other person, or of his servants or agents, shall also have the effect provided in the preceding paragraph.

Article 7

When two or more aircraft have collided or interfered with each other in flight and damage for which a right to compensation as contemplated in Article 1 results, or when two or more aircraft have jointly caused such damage, each of the aircraft concerned shall be considered to have caused the damage and the operator of each aircraft shall be liable, each of them being bound under the provisions and within the limits of liability of this Convention.

Article 8

The persons referred to in paragraph 3 of Article 2 and in Articles 3 and 4 shall be entitled to all defences which are available to an operator under the provisions of this Convention.

Article 9

Neither the operator, the owner, any person liable under Article 3 or Article 4, nor their respective servants or agents, shall be liable for damage on the surface caused by an aircraft in flight or any person or thing falling therefrom otherwise than as expressly provided in this Convention. This rule shall not apply to any such person who is guilty of a deliberate act or omission done with intent to cause damage.

Article 10

Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person.

CHAPTER II
EXTENT OF LIABILITY

Article 11

Article 12

1. If the person who suffers damage proves that it was caused bya deliberate act or omission of the operator, his servants or agents, done with intent to cause damage, the liability of the operator shall be unlimited; provided that in the case of such act or omission of such servant or agent, it is also proved that he was acting in the course of his employment and within the scope of his authority.
2. If a person wrongfully takes and makes use of an aircraft withoutthe consent of the person entitled to use it, his liability shall be unlimited.

Article 13

1. Whenever, under the provisions of Article 3 or Article 4, two ormore persons are liable for damage, or a registered owner who was not the operator is made liable as such as provided in paragraph 3 of Article 2, the persons who suffer damage shall not be entitled to total compensation greater than the highest indemnity which may be awarded under the provisions of this Convention against any one of the persons liable.
2. When the provisions of Article 7 are applicable, the person whosuffers the damage shall be entitled to be compensated up to the aggregate of the limits applicable with respect to each of the aircraft involved, but no operator shall be liable for a sum in excess of the limit applicable to his aircraft unless his liability is unlimited under the terms of Article 12.

Article 14

CHAPTER III
GUARANTEE FOR OPERATOR'S LIABILITY

Article 15

1. Any Contracting State may require that the operator of an aircraft referred to in paragraph 1 of Article 23 shall be covered by insurance or guaranteed by other security in respect of his liability for damage sustained in its territory for which a right of compensation exists under Article 1 up to the limits applicable according to the provisions of Article 11. The operator shall provide evidence of such guarantee if the State overflown so requests
2. A Contracting State overflown may at anytime require consultation with the State of the aircraft's registry, with the State of the operator or with any other Contracting State where the guarantees are provided, if it believes that the insurer or other person providing the guarantee is not financially capable of meeting the obligations imposed by this Convention.
3. Any requirements imposed in accordance with this Article shallbe notified to the Secretary General of the International Civil Aviation Organization who shall inform each contracting State thereof.

Article 16

1. The insurer or other person providing guarantee required under Article 15 for the liability of the operator may, in addition to the defences available to the operator, and the defence of forgery, set up only the following defences against claims based on the application of this Convention:

• (a) that the damage occurred after the guarantee ceased to be effective. However if the guarantee expires during a flight, it should be continued in force until the next landing specified in the flight plan, but no longer than twenty-four hours
• (b) that the damage occurred outside the territorial limits provided by the guarantee, unless flight outside of such limits was caused by force majeure, assistance justified by the circumstances or an error in piloting, operation or navigation.

2. The continuation in force of the guarantee under the provisions of paragraph 1 of this Article shall apply only for the benefit of the person suffering damage.

3. Without prejudice to any right of direct action which he mayhave under the law applicable to the guarantee, the person suffering damage may bring a direct action against the insurer or guarantor only in the following cases:

• (a) where the guarantee is continued in force under the provisions of paragraph 1(a) and (b) of this Article;
• (b) the bankruptcy of the operator.

Article 17

1. If a guarantee is furnished in accordance with Article 15, it shall be specifically and preferentially assigned to payment of claims under the provisions of this Convention
2. The guarantee shall be deemed sufficient if, in the case of anoperator of one aircraft, it is for an amount equal to the limit applicable according to the provisions of Article 11, and in the case of an operator of several aircraft, if it is for an amount not less than the aggregate of the limits of liability applicable to the two aircraft subject to the highest limits.
3. As soon as notice of a claim has been given to the operator, he shall ensure that the guarantee is maintained up to a sum equivalent to the aggregate of:

Article 18

Any sums due to an operator from an insurer shall be exempt from seizure and execution by creditors of the operator until claims of third parties under this Convention have been satisfied.

CHAPTER IV
RULES OF PROCEDURE AND LIMITATION OF ACTIONS

Article 19

If a claimant has not brought an action to enforce his claim or if notification of such claim has not been given to the operator within a period of six months from the date of the incident which gave rise to the damage, the claimant shall only be entitled to compensation out of the amount for which the operator remains liable after all claims made within that period have been met in full.

Article 20

1. Actions under the provisions of this Convention may be broughtonly before the courts of the Contracting State where the damage occurred. Nevertheless, by agreement between any one or more claimants and any one or more defendants, such claimants may take action before the courts of any other Contracting State, but no such proceedings shall have the effect of prejudicing in any way the rights of persons who bring actions in the State where the damage occurred. The parties may also agree to submit disputes to arbitration in any Contracting State.
2. Each Contracting State shall take all necessary measures toensure that the defendant and all other parties interested are notified of any proceedings concerning them and have a fair and adequate opportunity to defend their interests.
3. Each Contracting State shall so far as possible ensure that allactions arising from a single incident and brought in accordance with paragraph 1 of this Article are consolidated for disposal in a single proceeding before the same court.
4. Where any final judgment, including a judgment by default, is pronounced by a court competent in conformity with this Convention, on which execution can be issued according to the procedural law of that court, the judgment shall be enforceable upon compliance with the formalities prescribed by the laws of the Contracting State, or of any of its constituent subdivisions, such as States, Republics, territories or provinces, where execution is applied for:
1. in the Contracting State where the judgment debtor has his residence or principal place of business or,
2. if the assets available in that State and in the State where the judgment was pronounced are insufficient to satisfy the judgment, in any other Contracting State where the judgment debtor has assets.

5. Notwithstanding the provisions of paragraph 4 of this Article, thecourt to which application is made for execution may refuse to issue execution if it is proved that any of the following circumstances exist:

1. the judgment was given by default and the defendant did not acquire knowledge of the proceedings in sufficient time to act upon it;
2. the defendant was not given a fair and adequate opportunity to defend his interests;
3. the judgment is in respect of a cause of action which had already, as between the same parties, formed the subject of ajudgment or an arbitral award which, under the law of the State where execution is sought, is recognized as final and conclusive;
4. the judgment has been obtained by fraud of any of the parties;
5. the right to enforce the judgment is not vested in the person by whom the application for execution is made.
   
6. The merits of the case may not be reopened in proceedings forexecution under paragraph 4 of this Article.
7. The court to which application for execution is made may alsorefuse to issue execution if the judgment concerned is contrary to the public policy of the State in which execution is requested.
8. If, in proceedings brought according to paragraph 4 of this Article, execution of any judgment is refused on any of the grounds referred to in subparagraphs (a), (b) or (d) of paragraph 5 or paragraph 7 of this Article, the claimant shall be entitled to bring a new action before the courts of the State where execution has been refused. The judgment rendered in such new action may not result in the total compensation awarded exceeding the limits applicable under the provisions of this Convention. In such new action the previous judgment shall be a defence only to the extent to which it has been satisfied. The previous judgment shall cease to be enforceable as soon as the new action has been started. The right to bring a new action under this paragraph shall, notwithstanding the provisions of Article 21, be subject to a period of limitation of one year from the date on which the claimant has received notification of the refusal to execute the judgment.
• (a) Notwithstanding the provisions of paragraph 4 of this Article, thecourt to which application for execution is made shall refuse execution of any judgment rendered by a court of a State other than that in which the damage occurred until all the judgments rendered in that State have been satisfied. 
• (b) The court applied to shall also refuse to issue execution until final judgment has been given on all actions filed in the State where the damage occurred by those persons who have complied with the time limit referred to in Article 19, if the judgment debtor proves that the total amount of compensation which might be awarded by such judgments might exceed the applicable limit of liability under the provisions of this Convention. 
• (c) Similarly such court shall not grant execution when, in the case of actions brought in the State where the damage occurred by those persons who have complied with the time limit referred to in Article 19, the aggregate of the judgments exceeds the applicable limit of liability, until such judgments have been reduced in accordance with Article 14.
10. Where a judgment is rendered enforceable under this Article,payment of costs recoverable under the judgment shall also be enforceable. Nevertheless the court applied to for execution may, on the application of the judgment debtor, limit the amount of such costs to a sum equal to ten per centum of the amount for which the judgment is rendered enforceable. The limits of liability prescribed by this Convention shall be exclusive of costs.
11. Interest may be allowed on the judgment debt according to the law of the Court seized of the case.
12. An application for execution of a judgment to which paragraph 4 of this Article applies must be made within two years from the date when such judgment became final.

Article 21

1. Actions under this Convention shall be subject to a period oflimitation of two years from the date of the incident which caused the damage.
2. The grounds for suspension or interruption of the period referredto in paragraph 1 of this Article shall be determined by the law of the court trying the action; but in any case the right to institute an action shall be extinguished on the expiration of three years from the date of the incident which caused the damage.

Article 22

In the event of the death of the person liable, an action in respect of liability under the provisions of this Convention shall lie against those legally responsible for his obligations.

CHAPTER V
APPLICATION OF THE CONVENTION
AND GENERAL PROVISIONS

Article 23

1. This Convention applies to damage contemplated in Article 1 caused in the territory of a Contracting State by an aircraft registered in another Contracting State or by an aircraft, whatever its registration may be, the operator of which has his principal place of business or, if he has no such place of business, his permanent residence in another Contracting State.
2. For the purpose of this Convention a ship or aircraft on the highseas shall be regarded as part of the territory of the State in which it is registered.

Article 24

This Convention shall not apply to damage caused to an aircraft in flight, or to persons or goods on board such aircraft.

Article 25

This Convention shall not apply to damage on the surface if liability for such damage is regulated either by a contract between the person who suffers such damage and the operator or the person entitled to use the aircraft at the time the damage occurred, or by the law relating to workmen's compensation applicable to a contract of employment between such persons.

Article 26

This Convention shall not apply to damage caused by aircraft used in military, customs and police services.

Article 27

This Convention shall not apply to nuclear damage.

Article 28

Contracting States will, as far as possible, facilitate payment of compensation under the provisions of this Convention in the currency of the State where the damage occurred.

Article 29

If legislative measures are necessary in any Contracting State to give effect to this Convention, the Secretary General of the International Civil Aviation Organization shall be informed forthwith of the measures so taken.

Article 29 (deleted)

As between Contracting States which have also ratified the International Convention for the Unification of Certain Rules relating to Damage caused by Aircraft to Third Parties on the Surface opened for signature at Rome on the 29 May 1933, the present Convention upon its entry into force shall supersede the said Convention of Rome.

Article 30

For the purposes of this Convention:
-"Person" means any natural or legal person, including a State.
-"Contracting State" means a State for which this Convention is in force."
- "State of the Operator" means any Contracting State other than the State of registry on whose territory the operator has his principal place of business or, if he has no such place of business, his permanent residence.

CHAPTER VI
FINAL PROVISIONS

Article 31

This Convention shall remain open for signature on behalf of any State until it comes into force in accordance with the provisions of Article 33.

Article 32

1. This Convention shall be subject to ratification by the signatory States.
2. The instruments of ratification shall be deposited with theInternational Civil Aviation Organization.

Article 33

1. As soon as five of the signatory States have deposited theirinstruments of ratification of this Convention, it shall come into force between them on the ninetieth day after the date of the deposit of the fifth instrument of ratification. It shall come into force, for each State which deposits its instrument of ratification after that date, on the ninetieth day after the deposit of its instrument of ratification.
2. As soon as this Convention comes into force, it shall beregistered with the United Nations by the Secretary General of the International Civil Aviation Organization.

Article 34

1. This Convention shall, after it has come into force, be open foradherence by any non-signatory State.
2. The adherence of a State shall be effected by the deposit of aninstrument of adherence with the International Civil Aviation Organization and shall take effect as from the ninetieth day after the date of the deposit.

Article 35

1. Any Contracting State may denounce this Convention bynotification of denunciation to the International Civil Aviation Organization.
2. Denunciation shall take effect six months after the date of receiptby the International Civil Aviation Organization of the notification of denunciation; nevertheless, in respect of damage contemplated in Article 1 arising from an incident which occurred before the expiration of the six months period, the Convention shall continue to apply as if the denunciation had not been made.

Article 36  (deleted)

1. This Convention shall apply to all territories for the foreignrelations of which a Contracting State is responsible, with the exception of territories in respect of which a declaration has been made in accordance with paragraph 2 of this Article or paragraph 3 of Article 37.
2. Any State may at the time of deposit of its instrument ofratification or adherence, declare that its acceptance of this Convention does not apply to any one or more of the territories for the foreign relations of which such State is responsible.
3. Any Contracting State may subsequently, by notification to theInternational Civil Aviation Organization, extend the application of this Convention to any or all of the territories regarding which it has made a declaration in accordance with paragraph 2 of this Article or paragraph 3 of Article 37. The notification shall take effect as from the ninetieth day after its receipt by the Organization.
4. Any Contracting State may denounce this Convention, inaccordance with the provisions of Article 35, separately for any or all of the territories for the foreign relations of which such State is responsible.

Article 37 (deleted)    

1. When the whole or part of the territory of a Contracting State istransferred to a non-contracting State, this Convention shall cease to apply to the territory so transferred, as from the date of the transfer.
2. When part of the territory of a Contracting State becomes anindependent State responsible for its own foreign relations, this Convention shall cease to apply to the territory which becomes an independent State, as from the date on which it becomes independent.
3. When the whole or part of the territory of another State istransferred to a Contracting State, the Convention shall apply to the territory so transferred as from the date of the transfer; provided that, if the territory transferred does not become part of the metropolitan territory of the Contracting State concerned, that Contracting State may, before or at the time of the transfer, declare by notification to the International Civil Aviation Organization that the Convention shall not apply to the territory transferred unless a notification is made under paragraph 3 of Article 36.

Article 36

The Secretary General of the International Civil Aviation Organization shall give notice to all signatory and adhering States and to all States members of the Organization or of the United Nations:
(a) of the deposit of any instrument of ratification or adherence and the date thereof, within thirty days from the date of the deposit, and
(b) of the receipt of any denunciation and the date thereof, within thirty days from the date of the receipt.

The Secretary General of the Organization shall also notify these States of the date on which the Convention comes into force in accordance with paragraph 1 of Article 33.

Article 37

No reservations may be made to this Convention.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorised, have signed this Convention.

DONE at Rome on the seventh day of the month of October of the year One Thousand Nine Hundred and Fifty Two in the English, French and Spanish languages, each text being of equal authenticity.

This Convention shall be deposited with the International Civil Aviation Organization where, in accordance with Article 31, it shall remain open for signature, and the Secretary General of the Organization shall send certified copies thereof to all signatory and adhering States and to all States members of the Organization or the United Nations.

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