Watson Farley & Williams (“WFW”) advised Ryanair before the Italian Council of State in proceedings that led to the annulment of a decision previously adopted by the Italian Competition Authority (“AGCM”). In the judgment, the Council of State set aside the AGCM’s finding that Ryanair had engaged in unfair commercial practices in relation to flight cancellations and refunds during the Covid-19 emergency (case PS/11865). BonelliErede acted as joint counsel to Ryanair on the matter.
The case arose from a broader set of parallel proceedings brought by the AGCM against several airlines for similar conduct. Whilst the cases against other operators were resolved with the acceptance of their proposed commitments, the AGCM rejected Ryanair’s commitments and instead imposed a fine.
The Council of State upheld Ryanair’s arguments, holding that its different treatment was unjustified given the substantial overlap with the alleged conduct and remedial measures offered by other airlines. The judgment confirmed that, even in assessing commitments, the AGCM must adhere to the principles of reasonableness, proportionality and equal treatment.
This marks the first time the Council of State has annulled an AGCM decision based on its rejection of commitments, an area typically considered to fall within the authority’s broad discretion.
The WFW Italy team that advised Ryanair was led by Of Counsel Matteo Castioni, supported by Senior Associate Michele Laterza and Associate Valeria Consonni.
