or losses incurred by the carrier and is obligated to indemnify the airline for damage to the aircraft, equipment, or any harm caused to passengers or crew, including death or injury, resulting from the negligence of the caterer or its agents. Additionally, force majeure clauses are commonly included, permitting the suspension of contractual obligations upon the occurrence of extraordinary events beyond the parties’ control, such as acts of terrorism, epidemics, and similar circumstances. Finally, it should be noted that inflight catering is included among the ground handling services for which Directive 96/67/EC (as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 and by Decision (EU) 2024/1254 of the European Parliament and of the L 1254 1 30.4.2024 Council of 24 April 2024) has established market liberalization. The ground handling services are enumerated in the Annex to the aforementioned Directive, where point 11 specifically provides that Catering services comprise “11.1. liaison with suppliers and administrative management; 11.2. storage of food and beverages and of the equipment needed for their preparation; 11.3. cleaning of this equipment; 11.4. preparation and delivery of equipment as well as of bar and food supplies”. Accordingly, inflight catering services may only be performed by certified operators. This requirement applies not only to third-party service providers, but also to airport managing bodies and air carriers performing self-handling. As a result, the provision of catering services may vary significantly from one airport to another, depending on the organizational model and the certified entities operating within each airport environment66. XI. IN CONCLUSION The evolution of food service contracts reflects the growing complexity of the services offered and the difficulties faced by the legal system in providing codified responses to rapidly changing commercial practices. The atypical nature of many custody or Airline’s aircraft or death/injury to passengers or airline’s crew by Caterer’s personnel equipment held in caterer’s custody due to the negligence on part of the Caterer”. 66 As to Italy, the directive has been implemented by Legislative Decree of 13 January 1999, No. 18 and the certification is issued by ENAC (the Italian Civil Aviation Authority). See for related reference Carbone e Munari, L’attuazione nell’ordinamento italiano della direttiva sul libero accesso al mercato dei servizi aeroportuali, in AA.VV., La liberalizzazione dell’attività di assistenza a terra, Milano, 2000. 58 VINCENZO FRANCESCHELLI | SARA D´URSO | ALESSANDRA CORRADO
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