The TAR rejects Volotea's suspension request which could have readmitted the company to the first call for continuity. President Dante D'Alessio has postponed the discussion on the merits to 20 October.
The reason? There is another tender already underway, the last extreme attempt by the Region to assign connections with Fiumicino and Linate: a negotiated procedure - a formula that allows waiting to be reduced to a minimum - in which the same twelve were invited to participate. companies in the tender launched at the end of September. That is, Ita and Volotea (excluded from the first tender due to documentary shortages), Ryanair, EasyJet, Blue Air, Vueling, Danish Air Transport, Blue Panorama, Neos, Air Malta, Wizz Air and Tayaran Jet.
Volotea's extraordinary precautionary petition, which had asked to suspend the entire procedure, as President D'Alessio writes, was rejected "considering that, in relation to what was disclosed by the Region, the damage proposed by the applicant is only possible" and therefore "the conditions for a favorable assessment of the single precautionary petition are lacking." Furthermore, there are no conditions of "extreme gravity and urgency" such as "not to allow even the extension until the date of the council chamber".
VOLOTEA AND ITA - The new race can therefore go on. Although Volotea has made it known that it is "against" the negotiated procedure and is "still considering whether to participate or not". Furthermore, "he does not rule out further legal action against this second award procedure" and recalls that he is working on "a formal complaint that will be forwarded to the European Commission in Brussels next week". And it is not certain that even Ita will not choose a similar path to contest the exclusion from the first call.
