Watson Farley & Williams (“WFW”) successfully represented AICALF (Associazione Italiana Compagnie Aeree Low Fares) and airlines EasyJet, Ryanair and Volotea before the Regional Administrative Court of Piemonte (“TAR Piemonte”) on a dispute concerning the Transport Regulation Authority (“ART”) resolution on handling customers’ complaints.
With resolution 92/2024, ART introduced a set of measures regarding the minimum rights on the handling of complaints that air transport services customers can demand from airlines.
By accepting WFW’s arguments, TAR Piemonte declared the decision illegitimate because it overstepped the authority of the Italian Civil Aviation Authority (“ENAC”), which is responsible for enforcing rules that protect air transport customers’ rights.
TAR Piemonte ruled that ART’s resolution could undermine EU regulations and increase costs for companies in a sector that needs equal conditions for all operators, regardless of their nationality. The judges also noted that the annulled decision, which applied to all flights to and from Italy, could cause conflicts with the laws of other countries, whether they are EU Member States or a third country, that do not have similar regulations.
The WFW Italy Public Law, Regulatory and Competition team that advised AICALF, EasyJet, Ryanair and Volotea in court was led by Partner Giannalberto Mazzei, assisted by Of Counsel Matteo Castioni and Senior Associate Cesare Fossati.
Giannalberto commented: “This ruling provides important insights that protect EU principles and will positively influence future regulatory discussions”.
