Pursuant to the new aviation regulations implemented by Legislative Decree 96/2005 (as amended and integrated by Legislative Decree 151/2006), total airport management companies are regulated by Articles 704 and 705 of the Italian Navigation Code.

A total airport management company must be licensed by ministerial decree (as proposed by ENAC, the Italian Civil Aviation Authority) after a tender process carried out in accordance with European rules. Non-EU companies may also bid, provided that they have a branch in Italy and that the state in which they have their registered office grants reciprocal rights to Italian companies.

Licences, which may be granted for a maximum of 40 years, are subject to the company having entered into a standard convention with ENAC according to ministerial directives. ENAC and the company must also enter into a planning agreement within six months of the end of the financial year.

Article 705 of the code sets out the company's management tasks. Operating under the control of ENAC, it must:

  • administer and manage the infrastructure of the airport in compliance with the requirements of transparency and non-discrimination;

  • coordinate and monitor the airport operators' activities; and

  • ensure that the airport is run safely and efficiently.

The company's ability to carry out these activities must be duly certified by ENAC.

For further information on this topic please contact Laura Pierallini or Gianluigi Ascenzi at Studio Legale Cannata Pierallini by telephone (+39 06 88 41 713) or by fax (+39 06 88 40 249) or by email ([email protected] or [email protected]).