MACCHI OBTAINS A REVIEW OF THE ITALY – UKRAINE ROUTE ALLOCATION FOR THE INTEREST OF RYANAIR
Macchi di Cellere Gangemi, with its partners Matteo Castioni and Giannalberto Mazzei and senior associates Arcangelo Pecchia and Alessandro Di Carlo, obtained an order (decision no. 4690 of 11 July 2019) by the Regional Administrative Court of Lazio, according to which the Civil Aviation Authority (ENAC) will have to review the offer submitted by the other preferred air-carrier in light of the “significant underlying contesting aspects” relating to the public selection procedure for the allocation of certain air services between Italy and Ukraine.
The recent decision was significant because it was intended to ensure effective and rapid protection of Ryanair’s interests and because it replicated a similar favorable decision that was granted in November 2018, when the same Judge had already ordered ENAC to reassess the previous allocation of routes for Ukraine (decision no. 06702/2018).
In particular, despite these procedures not being expressly subject to the public procurement regulation but to ENAC’s regulations, yet even in these cases Ryanair positively argued the applicability of the general principles for awarding public services and, in particular, the need to follow an adequate and in-depth inquiry about the offers made by competitor air-carriers.