He refund for lost baggage it will no longer be a labyrinth of documents, now only one will suffice: this is what was established by the Court of Cassation which defined the PIR as a sufficient solution to be able to proceed. But what are the new rights and the procedure to follow? Here’s what you need to know.
Reimbursement for lost luggage, the decision of the Supreme Court
The case started from a flight in 2018. A passenger had bought a Eurowings ticket for the road Catania–Dusseldorf–Copenhagen. The luggage arrived late. At the relevant desk, the man fully completed the PIR, reporting the problem. So he waited, as one.
But when he asked urreimbursement for expenses incurred meanwhile, the company would have nothing. And the justice of the peace of Messina proved him wrong: no formal complaint in 21 days, no compensation.
The appeals court overturned that decision. And the Court of Cassation now clearly confirms the second degree.
The reasoning of the Court of Cassation is linked to a sentence of the Court of Justice of the EU 2025 where it is clarified that the PIR is considered a formal complaint that meets all the requirements to request reimbursement for loss, damage or delay of luggage.
The purpose of the complaint is immediately inform the company of the irregularityto allow the necessary checks. The Pir does exactly this, the moment it is compiled. The request for a second formal act would be, in the view of the Court, a formalism without foundation.
What changes for passenger rights
For years it almost always went the same way. Delayed or damaged luggage, completed PIR form at the airport and then weeks of waiting. When the refund request came, many companies responded by appealing to the Montreal Convention: that form, they say, was not enough. A written complaint was also required within 21 days of the return of the suitcase.
Those who did not know, and it happened often, were left without compensation.
Now something changes. With the new ordinance 8684 of 2026 the Cassation established that the completed PIR at the airport is sufficient to assert their rights. A second formal complaint is not required. The form can also be presented before returning the baggage, as long as it is within 21 days of its being made available.
It is not the only news. In another recent decision, the Court also eased the burden of proof for passengers in cases of permanent loss. It will no longer be necessary to reconstruct in detail all the contents of the suitcase or to keep every receipt for purchases made after the outage.
The authoritative voices of the judges explain that it is reasonable to assume that inside there are clothes, personal effects and accessories compatible with the duration of the trip, but the court will quantify the damages within the limits set by Montreal Convention reaching a maximum of about 1,600 euros. The two decisions clearly do not eliminate problems at airports, but intervene on the timing and reimbursement procedures, making them simpler and more protective for travelers, limiting the space for airlines to reject payment requests.