An Italian Lawer who says his nine hour flight was ruined after he was seated next to an obese man is suing Emirates airline, reports The Sun.

Giorgio Destro, said the “spillover” from the passenger in 29K had crushed him while on the flight from Cape Town to Italy’s Venice on July 2.

He has now launched a civil lawsuit against the national airline Emirates, asking for €2759.51 – about £2375.67.

The former legal trustee of the Italian Consulate has claimed in the lawsuit that the airline staff acknowledged he was in an uncomfortable position but said the plane was full with nowhere for him to be moved to.

The traveller, who is reportedly a gold member with Emirates, was told he would either have to put up with the uncomfortable seating arrangements or stand up for the long-haul flight – with the lawyer ultimately choosing the latter.

He said: “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.”

The lawyer took a selfie, showing his fellow passenger’s arm encroaching onto his seat during the July 2 flight with the photo to be used as evidence in the lawsuit.

An Emirates spokesperson said: “Emirates is unable to comment on this particular case as it is an ongoing legal matter.”

As part of the damages, he has claimed €759.51 (about £653.87) as a refund for the flight, and a further €2,000 (£1,721.81) in damages.

The hearing has been scheduled for October 20 in Padua.