Enforcement Order

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Alitalia 2013-3-12

About this Order

On March 15, 2012, Michael Gurevich and Elena Gurevich (the Complainants) filed a third-party complaint under 14 CFR 302.401 against Compagnia Aerea Italiana, S.p.A., (Alitalia) alleging that the carrier violated its contract of carriage when it denied compensation to the petitioners in a putative class action for two cancelled flights in 2009.1 The complaint states that the contract of carriage is embodied in the carrier’s General Conditions of Carriage, which are displayed on the carrier’s website, and specifically adopt the compensation policy required under European Union rules. In denying liability under that compensation policy, the carrier, according to the complaint, violated its contract of carriage and engaged in unfair and deceptive business practices in violation of 49 U.S.C. § 41712.

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