Studio Pierallini updates

Senate passes new Salva Malpensa legislation
Studio Pierallini
  • Aviation
  • Italy
  • 17 December 2014

The Senate has passed into law the Sblocca Italia Decree, which contains the new Salva Malpensa legislation. The new legislation completely restates the article of the former Salva Malpensa Decree, intended to develop air transport to and from Italian airports in order to support the industry and promote the country's economic growth in general.

Civil Aviation Authority issues circular governing extra-EU flight operations
Studio Pierallini
  • Aviation
  • Italy
  • 10 December 2014

The Italian Civil Aviation Authority has issued a revised circular on the operation of extra-EU scheduled services, which regulates the authorisation and designation procedure for carriers in accordance with international air transport agreements. This attempt to enhance the regulatory framework was influenced by the challenges experienced by the air transport industry in recent years.

Aviation authority issues Regulation on Remotely Piloted Aerial Vehicles
Studio Pierallini
  • Aviation
  • Italy
  • 09 July 2014

The Italian Civil Aviation Authority (ENAC) recently issued the Regulation on Remotely Piloted Aerial Vehicles, which represents one of the first pieces of legislation to provide a legal framework for the operation of drones. The use of this kind of aircraft has increased dramatically recently. ENAC's initiative thus fills the regulatory gap within which these professional and commercial operations have been taking place.

Preventing aircraft take-off under the Navigation Code
Studio Pierallini
  • Aviation
  • Italy
  • 25 June 2014

The Italian Civil Aviation Authority (ENAC) has issued a circular to implement Article 802(2) of the Navigation Code, which provides that the ENAC can prevent the departure of aircraft when relevant taxes, charges and fees due by the operator are outstanding. Notice of any such non-payment is given to the ENAC by the relevant airport management company, the Italian Agency for Air Traffic Control or Eurocontrol.

Follow-up on Emirates' fifth freedom rights
Studio Pierallini
  • Aviation
  • Italy
  • 14 May 2014

The Italian Air Carrier Association recently challenged the authorisation granted to Emirates in respect of slots and traffic rights to extend its daily flights from Dubai to Milan onwards to New York, alleging that it breached the Chicago Convention, Italian law and the bilateral agreement between Italy and the United Arab Emirates. The court accepted this challenge and nullified the authorisation, although Emirates' appeal is pending.

Ryanair and easyJet fined for unfair commercial practices
Studio Pierallini
  • Aviation
  • Italy
  • 23 April 2014

The Italian Competition Authority recently issued two decisions against leading European low-cost airlines Ryanair and easyJet, fining them €850,000 and €200,000 respectively, for misleading commercial practices. The authority held that both airlines had failed to provide adequate information in respect of the optional purchase of travel insurance for prospective flight cancellations.

Fifth freedom rights of Gulf carriers face court challenge
Studio Pierallini
  • Aviation
  • Italy
  • 29 January 2014

Two recent cases of 'fifth freedom' rights granted by the Italian Civil Aviation Authority to foreign carriers have characterised the mood of the Italian air transport sector of late. In both cases domestic competitors have challenged the relevant authorisations before the courts. The cases concern the rights of Emirates and Qatar Airways to perform long-haul routes to the United States while flying through Milan Malpensa Airport.

Competition Authority weighs in on regional aircraft noise tax
Studio Pierallini
  • Aviation
  • Italy
  • 16 October 2013

Both the Italian carriers' association and the Italian airport association have raised concerns over the effects of the new regional tax on aircraft noise. The Italian Competition Authority recently responded to these concerns by issuing a communication to Parliament and the government under the Competition and Fair Trading Act regarding the competition distortions caused by the varied implementation of the tax.

New tax on aircraft noise raises concerns
Studio Pierallini
  • Aviation
  • Italy
  • 17 July 2013

Law 342/2000 established a tax on aircraft noise, mainly with the aim of financing airport monitoring systems and anti-pollution measures, as well as indemnifying communities living near airports. However, the regional laws implementing the tax have been contested by both the Italian air carriers' association and the Italian airport association, which have underlined the negative impact of the tax on the air transport market.

Aviation authority and Rome airport management company sign planning agreement
Studio Pierallini
  • Aviation
  • Italy
  • 10 April 2013

A planning agreement has finally been approved between the Italian Civil Aviation Authority and Società Aeroporti di Roma, which manages the two Rome airports. However, the new regulatory framework has failed to secure a widespread positive consensus, and the Italian air carriers' association has challenged the agreement before the Administrative Court of Rome.

The 'anti-Ryanair rule': government has Irish airline in its sights
Studio Pierallini
  • Aviation
  • Italy
  • 02 January 2013

The government recently approved a law amending financial regulations for the aviation sector, which the local media has named the 'anti-Ryanair rule'. This is because the measure is thought to target the Irish airline, which, despite operating an important part of the Italian transportation market within Italian territory, is not subject to certain Italian laws and regulations on tax, labour and passenger rights.

New insolvency procedure offers hope to airlines in crisis
Studio Pierallini
  • Aviation
  • Italy
  • 19 December 2012

The first application by an Italian airline has been filed for the concordato preventivo in continuità procedure, a new form of arrangement with creditors which has similarities to US Chapter 11 bankruptcy proceedings. The new procedure could be an effective way to assist airlines in restructuring their business and regaining competitiveness in the market.

Planning agreement signed by ENAC and SEA
Studio Pierallini
  • Aviation
  • Italy
  • 10 October 2012

After months of negotiations the planning agreement between the Italian Civil Aviation Authority (ENAC) and SEA Group has entered into force. The new system provides an investment plan, expected traffic forecast and the fee trend to ensure that the management company can cover costs. The agreement could represent a benchmark for all agreements to be signed by ENAC with the largest Italian airports.

Ryanair and the meaning of 'permanent establishment' in the aviation sector
Studio Pierallini
  • Aviation
  • Italy
  • 23 May 2012

The Italian press recently reported that Irish low-cost carrier Ryanair had overtaken Alitalia as the largest carrier in Italy. Although Ryanair denies this, the coverage has raised the question of whether the airline has a de facto permanent business establishment in Italy and is therefore subject to certain provisions of Italian law on tax obligations, treatment of employees, passenger rights and regulatory issues

Alitalia's merger plans await antitrust review
Studio Pierallini
  • Aviation
  • Italy
  • 21 March 2012

In line with a worldwide trend in the air transport sector, Alitalia has identified Blue Panorama Airlines SpA and Wind Jet SpA as potential merger targets. A national consumer association has already asked the Antitrust Authority to refuse clearance, alleging that Alitalia would be in a position to apply predatory pricing strategies to reduce significant competition on certain routes.

Competition Authority examines air carrier merger
Studio Pierallini
  • Aviation
  • Italy
  • 07 December 2011

The Antitrust Authority has recently examined a merger between two Italian carriers which resulted in the consolidation of their flight operations under joint control. It analysed either geographical or product markets for all services involved, including scheduled flights, non-scheduled flights, cargo services and tour operator services.

Ground-handling services: changes to self-handling and subcontracting rules
Studio Pierallini
  • Aviation
  • Italy
  • 06 July 2011

ENAC, the Italian civil aviation authority, has recently issued significant measures in the field of ground-handling services. The key changes relate to self-handling - that is, arrangements whereby airlines provide handling services to their own flights and passengers - and the requirements for subcontracting.

Non-EU carriers: new rules on changes to scheduled flights
Studio Pierallini
  • Aviation
  • Italy
  • 09 March 2011

New procedures are in force for non-EU air carriers with permission to operate scheduled services to and from Italy. The procedures apply when an operator wishes to change planned flight operations and schedules that have previously been authorised by ENAC, the Italian civil aviation authority. Among other things, they affect certain rerouting, additional flights and replacement aircraft.

Denied boarding compensation: an industry case for reform?
Studio Pierallini
  • Aviation
  • Italy
  • 15 December 2010

Many air operators in Europe would agree that the EU Denied Boarding Regulation is in need of a thorough review, particularly in light of the Sturgeon judgment. The problems of the denied boarding regime are exacerbated in Italy, which faces a number of specific issues not necessarily shared by other EU countries. A number of amendments or improvements would be widely welcomed.

New circular simplifies wet lease agreements
Studio Pierallini
  • Aviation
  • Italy
  • 15 September 2010

ENAC, the Italian Civil Aviation Authority, recently issued a circular which introduces significant innovations relating to the procedures and conditions required for wet lease agreements undertaken by national air carriers. The new circular promises to make licensing procedures for aeroplane and helicopter rentals simpler and more flexible.

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