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ITA-Lufthansa: a rule that locks in the agreement

Text of the Council of Ministers which reiterates Brussels' thesis on the discontinuity with Alitalia

The Italian Government has reiterated what has been expressed several times by the European Commission: there is no continuity between the air carrier ITA Airways and the former company Alitalia in extraordinary administration. Words that serve to partially reassure the unions, but above all the Lufthansa aviation group itself, after the Court of Rome ordered the reinstatement of some workers of Alitalia, while rejecting the appeal of many others.

The Council of Ministers, chaired by Prime Minister Giorgia Meloni, put in writing "Provisions of authentic interpretation regarding the transfer of business complexes by companies admitted to the extraordinary administration procedure".

In the document we read that: "In coherence with article 5 paragraph 1 of Council Directive 2001/23/EC of 12 March 2001, article 56, paragraph 3-bis, of legislative decree 8 July 1999, no. 270 is interpreted in the sense that in any case operations carried out with a view to the liquidation of the transferor's assets which do not constitute a transfer of the company, branch or parts of the company for the purposes provided for by article 2112 of the Civil Code, the transfers placed in be in execution of the program referred to in article 27 paragraph 2 letters a) and b-bis) of the same legislative decree, if they are carried out on the basis of decisions of the European Commission which exclude economic continuity between transferor and transferee".

The objective is to clarify the "jurisprudential conflict" that emerged from the outcome of the workers appeals of the former Alitalia. The executive, in practice, reiterates that despite the conflicting sentences (841 appeals rejected, but 244 people to be hired), Brussels has decided that there is no economic continuity (that is transfer of a business branch) between ITA and Alitalia, therefore Italian officials cannot appeal to article 2112 of the Italian Civil Code, relating to the "continuation of the relationship between worker and transferee".

On the topic, see also the article published by AVIONEWS.

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AVIONEWS - World Aeronautical Press Agency