Update on the appeal to the Regional Administrative Court (TAR) filed by SEA against the provision of the Anti-trust Authority (AGCM)
The Anti-trust Authority started a proceeding on December 20, 2013 following a compliant by Cedicor Sociedad Anonima (“CEDICOR”), claiming SEA had abused its dominant position in violation of article 102 of the Treaty for the Functioning of the European Union ("TFUE") in the procedure for the tender called for the sale of ATA Ali Trasporti Aerei (currently SEA Prime SpA). The proceeding was closed on April 2, 2015 with the Anti-trust Authority upholding the claims against SEA and sentencing it to a fine of Euro 3,365 thousand. Despite paying the fine, SEA filed an appeal against this Provision at the Regional Administrative Court (“TAR”). The appeal challenged the legitimacy and correctness of the Provision. TAR's ruling was published in January 2017 partially granting SEA's appeal, referring the recalculation of the fine at a lower rate to the competent Authorities.
Updates on Judgement 7241/2015 issued by the Milan Court
On January 26, 2017 the Milan Court of Appeal confirmed the first instance sentence 7241/2015 of the Milan Court which sentenced the Ministry of Transport to pay damages of Euro 31,618 thousand to SEA as well as revaluation based on ISTAT indices and interest at the legal rate. The judgement was served at the Ministry and the Government Legal Service to be enforced on February 18 for the short deadline (60 days) for an appeal to the Cassation Court.