EasyJet, Ryanair wins against Venice airport surcharge

EasyJet and Ryanair, along with Spanish low-cost airline Volotea and the Associazione Italiana Compagnie Aeree Low Fares (AICALF) won before the Italian council of state, obtaining the cancellation of the €2.5 million surcharge on boarding fees for those departing from Venice's Marco Polo airport. The parties were represented by Watson Farley & Williams (WFW). The WFW Italy public law, regulatory and competition team that advised Aicalf, EasyJet, Ryanair and Volotea in court was led by partner Giannalberto Mazzei. Mazzei commented: ""This ruling represents an important milestone in the Italian legal system, as it clarifies that the introduction of surcharges on boarding fees must pass the test of constitutional reasonableness. It is therefore clear that only those who benefit from these measures should pay the surcharge."" The tax, previously assessed favourably by the regional administrative court of Veneto, was introduced in April 2023 to help fund Venice's municipal budget. The council of state upheld WFW's arguments and censured the lack of motive behind the introduction of the surcharge, as the municipality of Venice hadn't adequately assessed alternative measures among those provided by law to cover its deficit. The judge had also pointed out that, in the majority of cases, passengers affected by the surcharge were not Venetian residents so did not derive any benefit to them from the tax. The judge had also said the tax impacted passengers of low-cost airlines disproportionately in relation to the fares applied.