Order 98-12-19 - Alitalia - Violation of 49 U.S.C. § 41310

Order 98-12-19

Alitalia

Order 98-12-19

Issued and Served
December 15, 1998

Consent Order

Violation of 49 U.S.C. § 41310

After considering all the facts in this matter, the Office of Aviation Enforcement and Proceedings (Enforcement Office) believes that enforcement action is warranted. The Enforcement Office recognizes, as Alitalia has pointed out, that neither the Air Carrier Access Act nor Part 382 of the Department's rules applies to foreign air carriers and this order, we emphasize, is based exclusively on the statutory proscription of 49 U.S.C. § 41310 prohibiting unreasonable discrimination. In this instance, Alitalia's actions violated that provision.

In order to avoid litigation and without admitting or denying the alleged violations described above, Alitalia has agreed to the issuance of this consent order. Under this order, Alitalia agrees to cease and desist from future violations of 49 U.S.C. § 41310. This order is intended to protect disabled passengers against discriminatory conduct while traveling on foreign air carriers to or from the U.S.

By: Rosalind Knapp, Deputy General Counsel