Air law

We have long been committed to offering our Clients (public and private companies and entities) our solid expertise in the whole aviation sector. The members of our Firm ‒ who include renowned and internationally appreciated Professors ‒ have been members of Commissions engaged in the drafting and amendment of legislation, among which the Commission for the reform of the aviation part of the Codice della Navigazione; they have taken part in international research groups, some of which for projects concerning the development of airports, and have been acting as consultants to the Italian Ministry of Transport, to ENAV (Italian air navigation service provider) and ENAC (Italian Civil Aviation Authority), and to other public entities, including Regions and local bodies.

Clients

The Firm’s clients in the field of air law include air lines, airport management companies, handling services providers, tour operators, passengers and several private companies involved in disputes on issues concerning the competition regime, the exercise of public and authoritative powers, aviation insurances, breach of obligations, and allocation of liability.

Dispute resolution

The professionals of the Firm support clients both in the pre-trial stage and in the resolution of disputes already arisen in the aeronautical field, providing wide-range assistance with regard to both public law and private law issues.

Contracts

The Firm advises on the negotiation and tailored drafting of service contracts and commercial agreements of any kind between bodies and/or national and international operators, supporting the client in the prevention, analysis and resolution of the main critical aspects.

Assistance to airport management companies

The Firm has also developed significant expertise in out-of-court advice and court representation to airport management companies with respect to issues concerning airport management and development and related activities, as well as to the distribution of tasks between the various bodies and parties involved.

Recent work includes:

• we are representing a major airline before ordinary Courts in disputes brought by passenger pursuant to Reg. EU 261/2004. (i.e. in the event of denied boarding, of cancellation or long delay of flights);
• we have advised several airport management companies, iter alia, for the drafting of multi-year Business Plan and also referring to the administrative procedures and contracts of extension, adjustment and restructuring of the terminal, proceedings for the sub-concession in aviation and non aviation fields, for the performance of commercial activities in the airport area;
• we have assisted an airport management company and airlines in the field of incentives and State aid;
• we have assisted to an airport management company regarding environmental and urban compatibility procedures concerning airport development plans (c.d. Master Plan);
• we have assisted a Municipality for the Airport Risk Plan, as well as for the determination of the protection areas pursuant to the ENAC regulation for construction and operation of airports;
• we have provided extrajudicial advice in relation to the possible impacts that US sanctions against certain Iranian airlines may have on certain airport management companies;
• we have represented several institutions and companies operating in the airport field ‒such as airport management companies‒ in disputes before ordinary and administrative Courts, concerning the duties of the different airport bodies and operators and the legal framework of their relationships, with particular reference to the use of airport assets and to airport fees and charges in light of the Italian and European regulations, as well as to bird strike cases and management of airport grounds, of airport infrastructures and plants and of the activities carried out there;
• we have acted for an airport management company before an administrative Court in proceedings for the sub-concession of an area in the airport managed by said company;

• we have advised and represented an airport management company before an administrative Court in proceedings for an infrastructural development of the airport managed by said company;
• we have represented passengers and charteree before ordinary Courts in disputes concerning contractual breaches by airlines and charterers and/or by tour operators and package tour sellers, and resulting damages, including those for ruined holidays;
• we have represented the heir of a passenger who died in an accident occurred to a light aircraft with respect to the reciprocal compensation claims made by and against the other passenger who suffered severe injuries due to the accident.