Order 2013-3-1 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

 UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, D.C.

 Issued by the Department of Transportation 

 On March 15, 2013 

 

 Served: March 15, 2013 

In the matter of

 

THE IMPOSITION OF UNJUST USER CHARGES AT 

ITALIAN AIRPORTS

under Section 41310(c) of the International Air 

Transportation Fair Competitive Practices Act, as amended

 Docket DOT-OST-2013-0038

ORDER TO SHOW CAUSE 

Summary 

By this Order, we tentatively find that certain user charges imposed at Italian airports constitute an 

unjustifiable or unreasonable discriminatory, predatory, or anticompetitive practice against U.S. air 

carriers and impose an unjustifiable or unreasonable restriction on access of U.S. air carriers to the 

Italy market; violate Article 12 of the U.S.-EU Air Transport Agreement; and warrant remedial action 

under the International Air Transportation Fair Competitive Practices Act (IATFCPA). 

Background 

For a number of years, the Italian airport authorities have been imposing one set of user charges at 

Italian airports for flights operating entirely within the European Union (intra-EU), and a separate set 

of charges for flights arriving in Italy directly from, or going from Italy directly to, points outside the 

European Union (extra-EU). For example, in the most recent statement of charges for Rome’s 

Fiumicino Airport, for intra-EU flights, landing and take-off charges are assessed at the rate of 1.19 

Euro for the first 25 tons or fraction thereof, and 1.82 Euro thereafter. By contrast, for extra-EUoriginating flights, landing and take-off charges are assessed at the rate of 2.05 for the first 25 tons or 

fraction thereof, and 2.56 Euro thereafter. Comparable differences in intra-EU vs. extra-EU charges 

exist at other Italian airports. 

Through the U.S.-EU Joint Committee, which has included representatives of the Italian Government, 

the U.S. Government has objected directly to this situation and has engaged in consultations in an 

effort to resolve the issue. However, the Italian authorities have not altered their airport charging 

policies. Most recently at the Joint Committee meeting held on January 15 of this year, the U.S. 
Government explicitly asserted that the differential fee system for landings and takeoffs is not 

permitted under the user charges article (Article 12) of the U.S.-EU Air Transport Agreement. In a 

letter to the head of the U.S. delegation, the head of the EU delegation has himself questioned how 

Italy’s differentiation-by-destination approach can be reconciled with the Article 12 requirement that 

fees be tied to costs.1

 He specified that he has officially asked the Italian authorities to provide a legal 

justification for the differentiated fee system. In the meantime, however, the differentiated fee system 

continues, with U.S. carriers suffering its harmful effects. 

Tentative Decision 

We tentatively find that the Italian differentiated system of airport landing and takeoff user charges 

produces an unjust discriminatory effect on U.S. carriers, in violation of the U.S.-EU Air Transport 

Agreement, and thereby constitutes an unjustifiable discriminatory practice against U.S. air carriers, 

and imposes an unjustifiable restriction on U.S. air carriers’ access to the market, warranting remedial 

action under the International Air Transportation Fair Competitive Practices Act, as amended, 49 

U.S.C. 41310 (c). We further tentatively find that because the Italian system of airport user charges 

violates the U.S.-EU Air Transport Agreement, we can, in formulating a remedy that would be 

consistent with the public interest and the rules of proportionality, impose operational restrictions on 

the Italian-flag carrier Alitalia - Compagnia Aerea Italiana S.p.A. (Alitalia), designed to bring about 

the elimination of the differentiated fee system. Specifically, we tentatively conclude that if we 

finalize the present tentative findings, we will proceed to preclude Alitalia from participating in any or 

all services (on-line, interline or codeshare) between any point or points in Italy, via any intermediate 

point in the EU, and any point or points in the United States. 

ACCORDINGLY, 

1. We direct all interested parties to show cause why the tentative findings and conclusions set 

forth above should not be made final; 

2. Comments in response to this order shall be filed with the Department of Transportation, 

Dockets, in Docket DOT-OST-2013-0038, Docket Operations, M-30, West Building Ground 

Floor, Room W12-140, 1200 New Jersey Avenue, SE, Washington, DC, 20590, no later than 7 

calendar days from the date of service of this order, and any replies thereto shall be filed no 

later than 5 calendar days thereafter, and shall be served on all parties named in ordering 

paragraph 4, below; 

3. If timely and supported objections are filed, we will accord full consideration to the matters or 

issues raised by the objections before we take further action. In the event no comments are 

filed, all further procedural steps shall be deemed waived, and the Department shall enter an 

order, subject to the disapproval of the President pursuant to 49 U.S.C. 41307, which shall 

make final our tentative findings and conclusions set forth in this order;2

 and 

 

1

 A copy of this letter has been placed in this docket. 

2

 Since provision is made for the filing of comments to this order, we will not entertain petitions for reconsideration. 
4. We will serve this order on certificated U.S. air carriers operating large aircraft; foreign air 

carriers of the EU licensed by the Department to operate scheduled combination air services; 

the U.S. Department of State; the Assistant U.S. Trade Representative (Europe), Office of the 

U.S. Trade Representative; the U.S. Department of Commerce; the Ambassador of Italy in 

Washington, D.C., and the Ambassador of the European Union in Washington, D.C. 

By: 

SUSAN L. KURLAND 

Assistant Secretary for 

 Aviation and International Affairs 

(SEAL) 

An electronic version of this document is available on the World Wide Web at: 

www.regulations.gov