Since September 2002 Cannata Pierallini - Coudert Brothers
28, viale Liegi, Rome, 00198 - Italy
Practice areas: Aviation, Civil and Commercial Law; Antitrust Law.
April 00 - August 02 Trainee in Law Firm
Montone, Civil - Commercial and Tributary law, Rome - Italy
Areas of Practice
General Corporate and Commercial Law, Trade and Competition law.
Expertise: expertise in IT including the full spectrum of legal issues relating to data protection, information technology agreements, regulations on the protection of personal data and company privacy policies; negotiation of contracts for development licenses and for acquisitions of technologies through joint venture and outsourcing arrangements.
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.
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.
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.
An Italian consumer association has asked ENAC, the Italian Civil Aviation Authority, to consider creating an indemnity fund to protect air travellers from the consequences of service problems, such as delays, flight cancellations, overbooking and lost luggage. However, creating such a fund will not help carriers or handling companies, and could even be damaging.
Following the failed bomb attack on a US flight from Amsterdam to Detroit at the end of 2009, the use of scanning technology in airport security has become an even more urgent issue. ENAC, the Italian Civil Aviation Authority, is trialling two types of full-body scanner and has considered some of the issues arising from their use.
ENAC, the Italian Civil Aviation Authority, now requires every Italian airport with over 2 million passengers a year to establish an airport board with the aim of achieving "continuing improvement in the regularity and quality of airport services". The new system acknowledges the need for a new relationship between ENAC, airport management companies, air carriers and ground services suppliers.
ENAC, the Italian Civil Aviation Authority, recently issued a circular on certain procedures and issues related to the allocation of slots at coordinated airports. In addition to clarifying the roles of Italy's coordinator and an airport's coordination committee, the circular sets out the consequences of failing to comply with a slot allocation.
A recent Council of State decision on fuel surcharges promises significant changes to the terms on which airport management companies charge airlines for the use of utilities and services. It follows the principle of EU law that such surcharges may be imposed only in strict relation to the relevant costs.
ENAC, the Italian Civil Aviation Authority, has recently issued a circular which establishes new requirements in relation to its role of granting and assessing air transport licences. The circular sets out the reporting requirements for airlines, imposing particular conditions in the event of structural or operational changes or an airline's insolvency.
ENAC, the Italian Civil Aviation Authority, has issued a circular to announce the procedure for imposing fines on airlines for breaching the EU Denied Boarding Regulation. The circular explains the criteria used to calculate the size of a fine and outlines the procedural requirements for ENAC and the airline accused of the breach.
ENAC, the Italian Civil Aviation Authority, has recently issued a regulation which provides a framework for access for EU air carriers to routes within the European Union and authorization procedures for flights by EU and non-EU carriers between the European Union and other countries. It also restates rules on overflights and landing for non-traffic purposes.
The revision of the Italian Navigation Code has introduced a new regulation on the designation of air carriers wishing to access additional EU routes. The relationship between the air carriers and ENAC, the Italian Civil Aviation Authority, must be established and regulated by an agreement. The criteria for the designation must be transparent and non-discriminatory, and must be determined and announced in advance.
ENAC, the Italian Civil Aviation Authority, has issued a new regulation for the certification of providers of handling services in Italian airports. The safety and quality requirements must be confirmed by a certificate, which is valid for a three-year period and can be renewed for a further three years. The regulation also provides for fines for operators which fail to comply.
Eurocontrol, the European Organization for the Safety of Air Navigation, and ENAC, the Italian Civil Aviation Authority, have entered into an agreement whereby ENAC, at Eurocontrol's request, is empowered to ground aircraft operated by airlines which have failed to pay route charges to Eurocontrol.
New aviation regulations provide that total airport management companies are regulated by the Italian Navigation Code. Their responsibilities include managing the infrastructure of the airport, coordinating and monitoring the airport operators' activities and ensuring that the airport is run safely and efficiently.
Significant penalties applicable to airlines which infringe EU Regulation 261/2004 have recently been incorporated into Italian law. A new decree introduces fines of between €10,000 and €50,000 which may be imposed on airlines which fail to follow procedures and provide compensation in the event of cancellation or denied boarding.
In the last months of 2005 significant changes in the field of aviation and airport legislation were implemented in Italy. Amendments to the Italian Air Navigation Code affect airport management, utilities and services, safety and aircraft registration, while other legislation revises the airport development and air traffic control costs borne by airlines.