On November 11 2014 the Senate passed into law the Sblocca Italia Decree (133/2014), which contains the new Salva Malpensa legislation.

The new Salva Malpensa legislation completely restates Article 19(5)bis of the former Salva Malpensa Decree (185/2008, converted into Law 2/2009), which was intended to develop air transport to and from Italian airports in order to support the industry and promote the country's economic growth in general.

In particular, Article 28(8)bis of the Sblocca Italia Decree provides as follows:

"In order to keep the occupational levels and the international connections necessary to develop the production and social system of the involved areas, the Ministry of Transports, in concert with the Foreign Ministry, within thirty days from the entrance into force of the law for the conversion of this decree, promotes the execution of new air transport bilateral agreements or the amendment of the existing ones. Pending the execution of new bilateral agreements or the amendment of the existing ones, ENAC [the Italian Civil Aviation Authority], in order to grant the maximum direct accessibility, both international and intercontinental, grants to the air carriers making request – pursuant to the European rules and by prior consent of the Ministry of Transports – temporary authorizations, including the authorization for the fifth freedom traffic rights related to passengers and cargo flights, lasting not less than 18 months, that are subject to possible renewal pending the execution of the relevant bilateral agreements."

Based on this provision, ENAC can grant new traffic rights, as well as confirming the fifth freedom rights already granted.

Further, at the request of a member of Parliament, the government has stated that it is in favour of limiting fifth freedom rights to the renewal of those already granted.

For further information on this topic please contact Laura Pierallini at Studio Legale Pierallini e Associati by telephone (+39 06 88 41 713), fax (+39 06 88 40 249) or email ([email protected]). The Studio Legale Pierallini e Associati website can be accessed at www.studiopierallini.it.