Publish Date : 26-Dec-2014
Leading international law firm Freshfields Bruckhaus Deringer has successfully defended Emirates, the Dubai-headquartered international airline, in front of the Supreme Administrative Court in Italy. Emirates authorization to increase flight connections on the routes Dubai – Milan, Dubai – Rome and Dubai – Venice and operate the new Milan-Malpensa – New York-JFK connection has therefore been declared legitimate. This Supreme Administrative Court sentence rejected petitions by Alitalia, supported by Delta, and Assaero, the National Association of air transport carriers and operators in Italy, citing purported violations of national, international and EU laws regarding Fifth Freedom rights.
The Supreme Administrative Court furthermore stated that Emirates’ Dubai- Milan-Malpensa – New York connection was compliant with the current law in force, article 19 paragraph 5, of the law decree no.185, 29 November 2008, also known as “the Malpensa rescue decree”, which was originally issued to support the commercial re-launch of the airport. The sentence annulled the ruling of the Regional Administrative Court of Rome - T.A.R. Lazio (third section, no. 3918 and 3919, 10 April 2014).
Other parties alongside Emirates were: SEA, the gate operator, and ENAC, the National Authority for civil aviation, together with Italian Ministry of Infrastructure and Transportation, the Lombardy Region, the Milan Municipality, and Codacons, an Italian consumer protection organization. Emirates was advised by Gian Luca Zampa, lead partner, and Alessandro Di Gin, associate, in Freshfields’ antitrust, competition and trade group.
Go to previous page
