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Alitalia-Linee Aeree Italiane, S.p.A.

http://www.alitalia.com/

 

OST-2014-0210 - Exemption and Foreign Air Carrier Permit - EU-US Open-Skies

 

OST-98-3331 January 15, 1998 Application for an Exemption

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Italy- Miami All-Cargo
    Service List  
OST-98-3331 Filed January 15, 1998
Issued January 16, 1998
Notice of Action Italy- Miami All-Cargo
OST-98-3858 May 18, 1998 Application for All-Cargo Exemption Authority Milan- New York; Atlanta-Milan All-Cargo
    Service List  
OST-98-3858 June 2, 1998 Answer of International Associaiton of Machinists and Aerospace Workers in Opposition

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Milan- New York; Atlanta-Milan All-Cargo
OST-98-3858 June 3, 1998 Reply of Alitalia to Answer of International Association of Machinists and Aerospace Workers Milan- New York; Atlanta-Milan All-Cargo
OST-98-3858 Filed May 18, 1998
Issued June 3, 1998
Notice of Action Milan- New York; Atlanta-Milan All-Cargo
Order 98-12-19 Issued December 15, 1998
Served December 15, 1998
Consent Order Violation of 49 U.S.C. 41310
OST-99-5427 March 24, 1999 Application for an Exemption High Density Rule - Rome- Chicago O'Hare
    Service List  
OST-99-5427 April 8, 1999 Answer of American Airlines

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High Density Rule - Rome- Chicago O'Hare
OST-99-5427 April 8, 1999 Answer of The City of Chicago

Microsoft Word 97 Format

High Density Rule - Rome- Chicago O'Hare
OST-99-5427 April 8, 1999 Answer of United Air Lines

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High Density Rule - Rome- Chicago O'Hare
OST-99-5427 April 9, 1999 Reply of Alitialia

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High Density Rule - Rome- Chicago O'Hare
OST-99-5427 April 20, 1999 Re:  Application Withdrawal Slots at Chicago O'Hare
OST-99-6500 November 12, 1999 Application for Exemption U.S.- Italy
    Service List  
OST-99-6500 November 23, 1999 Answer of International Association of Machinists and Aerospace Workers to the Joint Application U.S.- Italy
OST-99-6500 November 26, 1999 International Association of Machinists and Aerospace Workers Withdrawal of Opposition U.S.- Italy
OST-99-6500 Filed November 12, 1999
Issued December 7, 1999
Notice of Action Taken U.S.- Italy
OST-01-10534 August 30, 2001 Application for Exemption Authority Intra- Europe Codeshare with Alitalia and Delta Air Lines
    Exhibits:  Key Personnel, Agreement, Certificate of Insurance, Operating License (To Be Supplied) Verification  
    Service List  
OST-01-10534 September 4, 2001 Re:  Additional Exhibit Intra-Europe Codeshare with Alitalia and Delta Air Lines
    Exhibit:  Operating License  
    Service List  
OST-01-10534 Filed August 30, 2001
Issued October 26, 2001
Notice of Action Taken Intra-Europe Codeshare with Alitalia and Delta Air Lines
OST-99-6500 December 5, 2001 Application for Renewal of Exemption U.S.- Italy
    Service List  
OST-99-6500 Filed December 5, 2001
Issued January 8, 2002
Notice of Action Taken U.S.- Italy
       

June 13, 2003

OST-03-15423 - Foreign Air Carrier Permit

Application for an Amendment of its Foreign Air Carrier Permit

Alitalia requests that the Department issue to Alitalia an amended foreign air carrier permit that incorporates all the rights available to Alitalia under the Open Skies Agreement. Specifically.

Exhibit 1: Shareholders
Exhibit 2: Operating Certificates
Exhibit 3: Officers and Directors
Exhibit 4: Financial Data
Service List

Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660


June 26, 2003

OST-03-15423 - Foreign Air Carrier Permit

Supplement to Application

This is to supplement the information submitted with the above-referenced application.

The exchange rate of the U.S. dollar and the Euro on December 31, 2002, was 1 EUR to 0.954 USD. On December 31, 2001, the rate was I EUR to 1.123 USD.

All of the officers and directors listed in exhibit 3 are citizens of Italy.

The 24.4% of the shares of Alitalia shown in exhibit 1 in the category of "Retail" consist of shares that are publicly traded and widely distributed. None of the persons or entities holding shares in this category own more than 2% of Alitalia's shares. The footnote marked with double asterisk indicates that this category includes shares that were previously distributed to Alitalia employees. Such shares are owned and controlled by individual employees.

Counsel: Zuckert Scout, Richard Mathias, 202-298-8660, rdmathias@zsrlaw.com


Order 03-9-28
OST-03-15423 - Foreign Air Carrier Permit

Issued August 11, 2003 | Served October 1, 2003

Issuing Amended Foreign Air Carrier Permit

In this order we are issuing Alitalia-Linee Aeree Italiane-S.p.A., a foreign air carrier of Italy, an amended foreign air carrier permit, authorizing it to engage in scheduled foreign air transportation of persons, property and mail between Italy and the United States pursuant to the bilateral aviation agreement between Italy and the United States.

By application filed June 13, 2003, Alitalia requests that we issue it an amended foreign air carrier permit to conduct scheduled foreign air transportation of persons, property md mail between Italy and the United States consistent with the provisions of the open-skies aviation agreement between the Italy and the United States. In support of its request, Alitalia states that it has been licensed and designated by the Government of Italy to perform the proposed services, that it is substantially owned and effectively controlled by citizens of Italy, and that it is operationally and financially fi: to perform the proposed services.

Alitalia holds Department authority in the form of a foreign air carrier permit issued by Order 71-4-1, authorizing Alitalia to engage in scheduled combination services between poir ts in Italy and specified points in the United States on various routes, and authority to conduct charters in accordance with Part 212 of our rules. In addition, on January 8, 2002, we granted Alitalia exemption authority, for a two year period, to engage in scheduled foreign air transportation of persons, property and mail identical to the authority at issue here. See Notice of Action Taken, dated January 8, 2002, in Docket OST-1999-6500.

By: Micheal Reynolds


OST-98-3304 - Family Assistance Plans

March 2, 2004

Re: Amended Family Assistance Plan

Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660


OST-98-3304 - Family Assistance Plans

March 8, 2004

Re: Crisis Manual

By: Capt. Rodolfo Proietti


Continental Airlines, Inc. / Continental Micronesia, Inc. / Alitalia-Linee Aeree Italiane-S.p.A. / Alitalia Express S.p.A.

OST-04-19210 - Statement of Authorization - US-Italy Third Country Services

September 24, 2004

Applications for Statements of Authorization

Continental and Alitalia request statements of authorization to implement their proposed codeshare service. Specifically, Continental and Continental Micronesia seek statements of authorization permitting them to display the Alitalia AZ* code in conjunction with foreign air transportation of persons, property, and mail on Continental and Continental Micronesia flights between (1) points in the United States, (2) points in the United States and points in Italy (either nonstop or via intermediate points in third countries), (3) points in the United States and points in third countries; and (4) points in Italy and points in third countries.

Alitalia and Alitalia Express seek statements of authorization permitting them to display the Continental CO* code in conjunction with foreign air transportation of persons, property, and mail on Alitalia and Alitalia Express flights between (1) points in Italy, (2) points in Italy and points in the United States (either nonstop or via intermediate points in third countries), (3) points in Italy and points in third countries, and (4) points in the United States and points in third countries. Similar blanket codeshare authority has been granted to numerous transatlantic codeshare partnerships involving U.S. and European airlines.

Counsel: Crowell & Moring, Bruce Keiner, Jr., 202-624-2615

Continental and Alitalia Applications:


OST-04-19210 - Statement of Authorization - US-Italy Third Country Services

October 5, 2004

Answer of United Air Lines

United requests either that the Department defer action on the pending Alitalia/Continental application until Italy authorizes United (and other U.S. carriers) to serve Milan's Linate Airport by code sharing on flights operated by partners authorized to serve Linate, or, alternatively, to approve the application subject to a condition precedent that the parties may not implement the proposed code-share services until United (and other U.S. carriers) are permitted to hold out service at Linate on a nondiscriminatory basis. The Italian government's discriminatory policy is a direct, unambiguous, and indefensible violation of the express terms of the U.S.-Italy Open Skies Agreement, and one that affords Alitalia and its partners an unfair and unjustifiable competitive advantage. United's position is straightforward: Until the Italian government honors its obligations under the Open Skies Agreement by allowing United to hold out service at Linate, the Department may authorize, but should not allow Alitalia to implement, its proposed code-share services.

Counsel: Wilmer Cutler, Bruce Rabinovitz, 202-663-6960, bruce.rabinovitz@wilmerhale.com


OST-04-19210 - Statement of Authorization - US-Italy Third Country Services

October 5, 2004

Answer of The City of Houston and The Greater Houston Partnership

Houston has substantial linkages with Italy. According to the Greater Houston Partnership's International Houston: 2003/04 International Business Directory, 397 Houston companies trade goods and services with Italy and 28 Houston companies have subsidiaries in Italy, while eight Italian companies maintain offices in Houston. Examples of the Houston companies that trade with Italy are Andarako Petroleum which has partnered for oil exploration and production projects with Eni S.p.A. of Italy, and BMC Software, which maintains a regional office in Italy.

Counsel: Zuckert Scoutt, Rachel Trinder, 202-298-8660


OST-04-19210 - Statement of Authorization - US-Italy Third Country Services

October 13, 2004

Reply of Alitalia and Alitalia Express

United has failed to show either that Italy has violated the bilateral air services agreement or that this is proper forum or proceeding for the U.S. to consider the issue. Even if there were a legitimate issue, it should be taken up between the Governments of Italy and the United States under diplomatic procedures provided for in the agreement. As asserted by United, it involves equally all other U.S. carriers, although notably only United has complained. It has been in place since January, 2001. United is asking the Department to bypass all normal procedures for dispute resolution by rushing to judgment and instant retaliation by withholding the bilaterally authorized codesharing rights sought by Alitalia and Continental.

The limitations on direct and codeshared services at Linate are based on Italy's policy for development of Milan's multiple airports. It is not unreasonable or unfairly discriminatory for the policy to allow the carriers serving Linate to offer on-line connections to their systems, nor to prohibit the multitude of other carriers worldwide to offer services to Linate by codeshare or other marketing arrangements.

Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660


OST-04-19210 - Statement of Authorization - US-Italy Third Country Services

October 15, 2004

Motion for Leave to File and Response of American Airlines to Alitalia

American has complained and objected repeatedly to the Department, to the Department of State, to the European Commission, and to the Italian Government for Italy's refusal to permit American to codeshare with British Airways between London (Heathrow) and Linate. The U.K. Department of Transport has similarly lodged objections with the Italian Government in this matter on behalf of British Airways.

We also take issue with Alitalia's statement that "most EU carriers and all non‑EU carriers are unable to offer services at Linate, either with their own flights or by codesharing on the flights of others". In fact, European carriers codeshare into Linate with direct connections via their European hubs to their flights to and from the United States.

United is right to oppose the Continental/Alitalia codeshare application until the discriminatory and unfair treatment imposed by the Italian Government on U.S. carrier codeshare services at Linate has been resolved. American hereby joins United in objecting to the Continental/Alitalia request.

Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com


OST-2003-16418 - Exemption - Intra-Europe Codeshare with Delta Air Lines

October 25, 2005

Application for Renewal of Exemption Authority

Alitalia Express S.p.A. requests renewal of its current exemption from 49 U.S.C. section 41301 to the extent necessary for underlying authority to permit Alitalia Express to display the airline designator code of Delta Air Lines, Inc. ("DL") on Intra-European regional routes served by Alitalia Express. See Notice of Action Taken, dated October 29, 2003, in this docket.

Renewal of this limited authority to carry the designator code of Delta Air Lines on the Intra-European flights of Alitalia Express will serve the public interest by enabling the carriers jointly to offer passengers more convenient and coordinated through services between the United States and those points in Europe to which Delta does not operate with its own aircraft. It will expand the network codesharing services whose benefits the Department has often recognized. Also, the authorization is expressly contemplated by the U.S.-Italy open skies agreement and positive, reciprocal aviation relationship between the United States and Italy.

Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660


Order 2006-12-2
OST-2006-23528

Issued and Served December 1, 2006

Consent Order

This consent order concerns certain fare displays on Alitalia's U.S. website (www.alitalia.com) and certain displays of Alitalia fares on Travelocity.com, a major travel vendor and agent of Alitalia, that failed to comply with the Department's rule on full fare advertising, 14 CFR 399.84. These fare displays, in addition, constituted an unfair and deceptive trade practice and an unfair method of competition in violation of 49 U.S.C. § 41712. Based on these violations, the order assesses a compromise civil penalty of $29,500 and directs the carrier to cease and desist from future similar violations.

By: Rosalind Knapp


OST-2007-28728 - Exemption and Amended Foreign Air Carrier Permit - US-EU

July 10, 2007

Application for an Amendment of Foreign Air Carrier Permit and for an Exemption

Alitalia hereby applies for an amendment to its foreign air carrier permit to the full extent authorized by the new Air Transport Agreement between the United States, on the one hand, and the European Union and the member states of the European Union, on the other hand to enable Alitalia to engage in:

  1. foreign scheduled and charter air transportation of persons, property and mail from any point or points behind any member state of the European Union via any point or points in any member state and via intermediate points to any point or points in the United States or beyond;
  2. foreign scheduled and charter air transportation of persons, property, and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area;
  3. foreign scheduled and charter cargo air transportation between any point or points in the United States and any other point or points;
  4. other charters pursuant to the prior approval requirements set forth in Part 212 of the Department’s Economic Regulations; and
  5. transportation authorized by any additional route rights that may be made available to European Union carriers in the future.

Alitalia also requests a corresponding exemption pursuant to 49 U.S.C. § 40109 to the extent necessary to enable Alitalia to provide the services described above pending issuance of an amendment to its foreign air carrier permit and such other relief as the Department may deem necessary or appropriate. The U.S.-E.U. Agreement, which was signed on April 30, 2007, is scheduled to enter into effect on March 30, 2008, and Alitalia accordingly requests that the requested amendment to its foreign air carrier permit and exemption also enter into effect on that date, or on any earlier date on which the U.S.-E.U. Agreement is provisionally applied.

Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660, rdmathias@zsrlaw.com


OST-1998-3304 - Passenger Manifest Information Plans

October 1, 2007

Passenger Manifest Information Plan

Counsel: Zuckert Scoutt, Richard Mathias, 202-973-7919, rdmathias@zsrlaw.com


Order 2007-10-30
OST-2007-28728 - Exemption and Amended Foreign Air Carrier Permit - US-EU

Issued and Served October 25, 2007

Order Granting Exemption and to Show Cause

We will grant Alitalia exemption authority to the extent necessary to permit it (1) immediately to accept payments, issue tickets, and enter into charter contracts, and (2) effective March 30, 2008 (the date for provisional application of the U.S.-EU Agreement), to commence flight operations, for the services set forth in ordering paragraph 1 below. We will tentatively grant Alitalia a foreign air carrier permit for these services, to be effective March 30, 2008.

As an additional matter, Alitalia has requested that we grant it, in addition to authority currently contained in the U.S.-EU Agreement, authority to conduct transportation authorized by any additional route rights made available to European Union carriers in the future. We are granting Alitalia's request for this authority by exemption (and tentatively granting it by foreign air carrier permit). We are, however, requiring Alitalia, before it commences any new service under this authority, to provide us with evidence that it holds a homeland license for that new service, unless it has already provided such evidence.

Our action allowing Alitalia to accept payments, issue tickets, and enter into charter contracts now, in anticipation of the effective date of the U.S-EU Agreement, will place the carrier on an equal footing with U.S. carriers holding blanket Open Skies authority, which we have allowed to accept payments and issue tickets for services to points in the European Union. See Notice dated May 1, 2007, "In the Matter of Blanket Open-Skies Certificate Authority." See also Order 2007-6-19, where we granted this authority to British Airways Plc.

By: Paul Gretch



Order 2008-5-11
OST-2007-28728 - Exemption and Amended Foreign Air Carrier Permit - EU-US

Issued May 7, 2008 | Served May 8, 2008

Final Order

By Order 2007-10-30, issued October 25, 2007, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award an amended foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Paul Gretch



OST-2007-28728 - Exemption and Amended Foreign Air Carrier Permit - US-EU

September 9, 2009

Motion to Withdraw Application

On November 20, 2008, Alitalia-Linee Aeree Italiane S.p.A. and C.A.I. Compagnia Aerea Italiana S.p.A. filed a joint application for transfer and reissuance of former Alitalia's exemption authority and foreign air carrier permit to Alitalia, following the acquisition by Alitalia (a new company) of certain assets of Former Alitalia. By Notice of Action Taken dated December 18, 2008, the Department issued Alitalia a new exemption and deferred action on Alitalia's permit application.

The Former Alitalia assets purchased by Alitalia did not include Alitalia's foreign air carrier permit. Therefore, Alitalia moves to withdraw the pending foreign air carrier permit application in this docket. Alitalia will file a foreign air carrier permit application in its own right.

Counsel: Zuckert Scoutt, Richard Mathias, 202-973-7917



OST-2009-0219 - Foreign Air Carrier Permit - EU-US Open-Skies

September 10, 2009

Application for a Foreign Air Carrier Permit

Alitalia seeks authority to engage in:

  1. foreign scheduled and charter air transportation of persons, property and mail between any point or points behind any member state of the European Union via any point or points in any member state and via intermediate points to any point or points in the United States or beyond;
  2. foreign scheduled and charter air transportation of persons, property, and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area;
  3. foreign scheduled and charter cargo air transportation between any point or points in the United States and any other point or points;
  4. other charters pursuant to the prior approval requirements set forth in Part 212 of the Department's Economic Regulations; and
  5. transportation authorized by any additional route rights that may be made available to European Union carriers in the future.

Alitalia already operates service to the US, the scope of which will not be significantly altered by grant of this application.

Counsel: Zuckert Scoutt, Richard Mathias, 202-973-7917



Order 2009-10-14
OST-2009-0219 - Foreign Air Carrier Permit - EU-US Open-Skies

Issued and Served October 22, 2009

Order to Show Cause

By application filed September 10, 2009, Alitalia – Compagnia Aerea Italiana S.pA., a foreign air carrier of Italy, requests a foreign air carrier permit under 49 U.S.C. §41301, to engage in:

  1. foreign scheduled and charter air transportation of persons, property, and mail between any point or points behind any Member State of the European Union, via any point or points in any Member State and via intermediate points, to any point or points in the United States and beyond;
  2. foreign scheduled and charter air transportation of persons, property, and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area;
  3. foreign scheduled and charter cargo air transportation between any point or points in the United States and any other point or points;
  4. other charters pursuant to the prior approval requirements set forth in Part 212 of the Department’s economic regulations; and
  5. transportation authorized by any additional route rights that may be made available to European Union carriers in the future.

No answers were filed to Alitalia’s application.

We direct all interested persons to show cause why our tentative decision on the application of Alitalia – Compagnia Aerea Italiana S.p.A., set forth above, should not be made final. Any interested person objecting to the issuance of an order making final our tentative findings and conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twenty-one calendar days after the date of service of this order, file with the Department.

By: Paul Gretch



Order 2010-1-15
OST-2009-0219 - Foreign Air Carrier Permit - EU-US Open-Skies

Issued November 16, 2009 | Served January 21, 2010

Final Order

By Order 2009-10-14, issued October 22, 2009, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 USC §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Paul Gretch



OST-2002-12896 - Statement of Authorization - US-Italy Codesharing with AeroMexico

March 19, 2010

Application for an Amended Statement of Authorization

Alitalia - Compagnia Aerea Italiana S.p.A. and Aerovias de Mexico, S.A. de C. V. are expanding their codesharing relationship to include additional transatlantic service. Alitala hereby applies for an amended statement of authorization in order to display AeroMexico's AM* designator code on Alitalia flights between Miami and Milan.

Alitalia intends to begin offering these services as soon as all necessary government approvals are obtained and requests a waiver of the 45-day advance filing requirement.

Counsel: Zuckert Scoutt, Richard Mathias, 202-973-7917



OST-2002-12896 - Exemption - US-Italy Codesharing

March 24, 2010

Re: Polling Results

On March 19, 2010, Alitalia - Compagnia Aerea Italiana S.p.A. filed an Application for an Amended Statement of Authorization in the above-referenced docket.

Alitalia has completed polling and no carrier has objected to the grant of its application. We respectfully request that the Department proceed to grant this application as soon as possible.

Counsel: Zuckert Scoutt, David Endersbee, 202-973-7935



OST-2002-12896 - Statement of Authorization - US-Italy Codesharing with AeroMexico

Filed March 19, 2010 | Approved April 1, 2010

Department Action on Application

Application of Alitalia - Compagnia Aerea Italiana S.p.A. for an amended statement of authorization to permit Alitalia to display the (AM*) designator code of Aerovias de Mexico, S.A. de C.V. on flights operated by Alitalia between Milan and Miami. Alitalia also requests . waiver of the 45-day advance filing requirement under 14 CFR Part 212.

Alitalia's existing statement of authorization permits it to display the (AM"') designator code of AeroMexico on flights operated by Alitalia between: 1) Rome and New York (JFK); 2) Rome and Miami; and 3) Milan and New York (JFK). See Department action dated January 14, 2009, in Dockets OST-2002-12896 and OST-2002-12896.

The Department is acting on the request of Alitalia prior to the expiration of the 45-day advance filing requirement with the consent of all parties served.

By: Robert Finamore


 

OST-2008-0273 - Equivalent Alternative Determination Request Concerning 14 CFR 382.61

May 17, 2010

DOT Granting Equivalent Alternative Determination Request of Alitalia

This letter concerns Alitalia-Compagnia Aerea ltaliana S.p.A.'s March 13, 2010, request for an equivalent alternative determination concerning the movable aisle armuest requirement contained in 14 CFR 382.61 of the Department's Air Carrier Access Act regulation for the business class seats in its Airbus A330-200 series aircraft. We are granting Alitalia's equivalent alternative determination request for the business class seats in its Airbus A330-200 series aircraft subject to conditions.

By: Samuel Podberesky



Order 2012-1-15
OST-2012-0002 - Violations of Article 19 of the Montreal Convention and 49 USC 41712

Issued and Served Januaary 23, 2012

Consent Order

This consent order involves violations by Alitalia Compagnia Aerea Italiana SpA of Article 19 of the Montreal Convention and the statutory prohibition against unfair and deceptive trade practices, 49 USC § 41712, in connection with monetary claims resulting from delay of checked baggage on Alitalia flights to or from the United States. It directs Alitalia to cease and desist from future similar violations of Article 19 and section 41712, and assesses the carrier a compromise civil penalty of $80,000.

Based on a consumer complaint, the Office of Aviation Enforcement and Proceedings investigated Alitalia’s policies and practices in connection with its handling of monetary claims for delay in delivering checked baggage. That investigation showed that in a number of instances arising out of flights to and from the United States, Alitalia, through language used in letters responding to baggage delay claims, was limiting reimbursement to between $50 and $75 per day of delay regardless of the amount of the expenses claimed by passengers or the submission of original receipts documenting such expenses. The practical effect of this practice was to limit Alitalia’s liability for damage occasioned by the delay of baggage to less than the minimum 1,131 SDRs for each passenger as required by the Convention.

By: Rosalind Knapp


 

OST-1995-236 - Warsaw Agreements

November 2014

Warsaw Agreement

By: Silvano Cassano

 

OST-1998-3304 - Family Assistance Plans

December 19, 2014

Famliy Assistance Plan

Counsel: Zuckert Scoutt, Jonathon Foglia


 

Order 2014-12-16
OST-2014-0210 - Exemption and Foreign Air Carrier Permit - EU-US Open-Skies
OST-2002-12482 - Exemption and Statement of Authorization - US-Mexico/Italy Codesharing
OST-2002-12896 - Statement of Authorization - US-Mexico/Itlay Cdoesharing
OST-2002-13958 - Statements of Authorization - US-Italy/France Codesharing
OST-2001-10417 - Blanket Statements of Authorization - US-italy Open-Skies
Undocketed - Alitalia Long-Term Wet-Lease to CAI First

Issued and Served December 29, 2014

Order Granting Exemption and To Show Cause

By this order we (1) grant the request of Alitalia – Società Aerea Italiana S.p.A. for an exemption under 49 U.S.C. §40109, subject to conditions; (2) grant the request of Alitalia Società for transfer and reissuance of statements of authorization previously granted to Alitalia – Compagnia Aerea Italiana S.p.A. to conduct certain code-share operations with Aerovías de Mexico, S.A. de C.V. (, Société Air France, S.A. , and Delta Air Lines, Inc.; (3) grant the request of Alitalia Società for transfer and reissuance of the statement of authorization previously granted to Alitalia to engage in long-term wet lease operations to Alitalia subsidiary C.A.I. First, S.p.A. ; and (4) tentatively grant the application of Alitalia and Alitalia Società for the transfer of Alitalia’s foreign air carrier permit to Alitalia Società.

The Joint Applicants state that, effective immediately upon completion of the transaction implementation agreement between Alitalia and Etihad Airways P.J.S.C. , a foreign air carrier of the United Arab Emirates, most of Alitalia's assets and liabilities related to Alitalia's air transport services will be transferred to Alitalia Società through a contribution process under Italian law, which effectively entails the continuation by Alitalia Società of Alitalia' s business operations without interruption. The Joint Applicants further state that upon the closing of the Transaction, Alitalia, which is majority owned by EU Member State interests, will ultimately hold a 51% controlling equity stake in Alitalia Società. The Alitalia-Etihad Airways Transaction will close on or about December 31, 2014, at which time Alitalia Società will assume Alitalia's air transport services.

Alitalia Società requested that we grant it, in addition to authority currently contained in the U.S.-EU Agreement, authority to conduct scheduled and charter transportation authorized by any additional route rights made available to EU carriers in the future. We are granting the request of Alitalia Società for this authority by exemption. We are requiring Alitalia Società, before it commences any new service under this authority, to provide us with evidence that it holds a homeland license for that new service, unless it has already provided such evidence.

By: Paul Gretch


 

Order 2014-12-17
OST-2013-0068 - Approval of and Antitrust Immunity for Alliance Agreements
OST-2007-28644 - Approval of and Antitrust Immunity for Alliance Agreements
OST-2002-11842 - Approval of and Antitrust Immunity for Alliance Agreements
OST-2001-10429 - Approval of and Antitrust Immunity for Alliance Agreements

Issued and Served December 29, 2014

Order

One of the carriers, Alitalia, is transferring its entire business from one entity, Alitalia - Compagnia Aerea S.p.A.’s to a new entity, Alitalia – Società Aerea Italiana S.p.A. as part of a restructuring and recapitalization. The details of the transaction are provided in the public proceeding in which the Department has tentatively approved Alitalia’s request to transfer its foreign air carrier permit and related authorizations, and granted New Alitalia an exemption to permit the carrier to serve the United States pending the issuance of a new foreign air carrier permit. On December 22nd, Alitalia’s counsel sent a letter to the Department, providing an update on the status of the transfer. Counsel stated that, effective January 1, 2015, New Alitalia would succeed Old Alitalia with respect to the latter’s existing business arrangements, including the alliance and joint business arrangements that were examined in the antitrust immunity proceeding. Counsel further state that the carriers have no plans to change the core commercial terms of the agreements as a result of the transfer, and that the arriers covered by the relevant orders have been consulted in connection with the letter and have agreed to the modification of the ordering paragraphs as requested.

Based upon this information, we have decided to make a technical change in Alitalia’s antitrust immunity to reflect the updated and correct legal name of the company. The change allows New Alitalia to become the holder of the authority upon the closing of the transaction, effective as soon as January 1st, 2015. We find that the transfer of Alitalia’s assets to a new entity raises no new competitive or policy issues. Thus, the findings and conclusions in the underlying orders – Orders 2002-1-6, 2002-6-18, 2008-5-32, and 2013-9-14 – remain valid, and the antitrust immunity remains in effect.

By: Susan Kurland

OST-2014-0210 - Alitalia - Exemption and Foreign Air Carrier Permit - EU-US Open-Skies

 


 

Order 2015-3-16
OST-2014-0210
- Exemption and Foreign Air Carrier Permit - EU-US Open-Skies

Issued January 22, 2015 | Served March 26, 2015

Final Order

By Order 2014-12-16, issued on December 29, 2014, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and transfer the foreign air carrier permit of Alitalia – Compagnia Aerea Italiana S.p.A. to Alitalia – Società Aerea Italiana S.p.A. in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 USC §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Paul Gretch


 

OST-1998-3305 - Passenger Manifest Information Plans

December 19, 2014

Passenger Manifest Information Plan

Counsel: Zuckert Scoutt

 

 

 

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