Carolina Villanacci, Limiti e poteri del Giudice dell’ottemperanza

DIRITTO E POLITICA DEI TRASPORTI (ISSN 2612-5056), I/2023, p. 27 – 37

The article analyzes the sentence with which the Council of State rejected the appeal for compliance with the sentence of the Council of state n. 8683 of 2022 proposed by Ryanair Dac against the National Civil Aviation Authority and against the Sicilian Region. The sentence, for which compliance is requested, confirmed the decision of the Lazio Regional Administrative Court which ordered the annulment of the public service obligation regime established by decree of the Ministry of Infrastructure and Transport no. 2/2020. The Council of State, in declaring the groundlessness of the appeal, states that, as already established by the sentence of the Lazio Regional Administrative Court no. 12045 of 23 November 2021, the agreement signed by Enac and Alba Star is not included in the canceled documents. The effectiveness of the agreement prevented ENAC from complying with the slot request formulated by Ryanair. This means that the ENAC note prot. no. 0149007-P cannot in any way violate the judgment formed on the decision of the Council of State.