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10 April 2013
On December 21 2012 a planning agreement was finally approved between the Italian Civil Aviation Authority (ENAC) and Società Aeroporti di Roma SpA (AdR), which manages the two Rome airports (Ciampino and Fiumicino).
The planning agreement was signed under the regulation introduced by Law 102/2009 governing the new fee system for the largest national airports (ie, those dealing with more than 10 million passengers a year) and follows the other agreements signed by ENAC with the management companies of the Milan airports and Venice airport.
Despite the negotiations that led to the execution of the agreement, the new regulatory framework has failed to secure a widespread positive consensus. Many of the carriers involved believe that they will ultimately carry the burden of an unfair increase in the airports' fees without the chance to negotiate or have their say.
In this respect, Assaereo (the Italian air carriers' association) has challenged the agreement before the Administrative Court of Rome, arguing that the criteria for determining the relevant fees are unfair and violate both Law 102/2009 and the applicable EU regulation. In particular, the association maintains that:
It took a long time to put the final seal on this agreement, which should eventually create the basis for the definitive development and expansion of Fiumicino airport as the main Italian hub. Apparently, users and air carriers – both of which will necessarily play an important role in the implementation of the agreement – believe that the agreement does not represent a well-balanced compromise of all the interests involved in the development of the airports and, in particular, does not comply with the applicable laws and regulations intended to safeguard such interests.
For further information on this topic please contact Laura Pierallini at Studio Legale Pierallini e Associati by telephone (+39 06 88 41 713), fax (+39 06 88 40 249) or email (email@example.com).
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