New ENAC Rules on Fines for Breaches of EU Denied Boarding Regulation

On February 5 2008 ENAC, the Italian Civil Aviation Authority, issued Circular APT-23A to announce the new procedure for assessing fines imposed on airlines for breaching the EU Denied Boarding Regulation (261/2004).

Decree-Law 69/2006, which governs the application of the regulation in Italy, already empowers ENAC to impose such fines. The circular provides that evidence of the breach must be notified to the captain of the aircraft, the traffic manager or the airline’s registered office within 90 days of the breach becoming known (or within 360 days where notice must be served abroad).

Within 30 days of notification, airlines may pay a reduced fine or may forward a written defence or a request for a hearing to the relevant ENAC district office.

If the evidence confirms the alleged breach, ENAC must issue an order for payment of the fine plus procedural costs; otherwise, it must issue a dismissal order.

In determining the size of the fine, ENAC's head office must take into account:

• the gravity of the infringement;
• previous infringements by the airline;
• the action taken by the airlines to mitigate the damage; and
• the number of passengers involved.

The airline may bring a counterclaim before the competent court (ie, the court of the place where the infringement allegedly took place).

For further information on this topic please contact Laura Pierallini or Gianluigi Ascenzi at Studio Legale Cannata Pierallini by telephone (+39 06 88 41 713) or by fax (+39 06 88 40 249) or by email (pierallinil@canpier.it or ascenzig@canpier.it).