Italian man sues Emirates after being seated next to 'obese' man

An Italian lawyer is suing airline Emirates for his “suffering” after being seated next to an obese person on a long-haul flight.

Giorgio Destro claims his flight from Cape Town to Dubai was ruined because the “overweight passenger” next to him “spilled over” into his seat.

The lawyer says cabin crew told him he could not switch seats because the flight was fully booked.

"For nine hours I had to stand in the aisle, sit on seats reserved for the cabin crew when they were free and in the final phase of flight resign myself to suffer the 'spillover' of the passenger at my side,” Mr Destro told local newspaper Mattino Padova.

Mr Destro said he was cramped and uncomfortable on the nine-hour flight, which he boarded back in July.

He snapped a selfie from his seat to show the lack of space between himself (pictured above in the glasses) and the passenger next to him.

Mr Destro is seeking more than $4000 in compensation for the flight after he says the airline refused to apologise.

He wants his $1110 ticket refunded and almost $3000 in damages.

Mr Destro said he is a regular Emirates customer, and a gold member of the airline, given he regularly flies from him home in Venice to South Africa for work.

The airline has declined to comment on the case given it's an "ongoing legal matter".