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28 August 2024

No extra costs on planes for the seats of accompanying minors and disabled people

Airlines must allocate seats free of charge to minors and persons with reduced mobility near their parents and/or carers
The Council of State has confirmed the full legitimacy of the provision of the National Civil Aviation Authority (ENAC), which prohibits airlines from applying extra costs for the reservation of adjacent seats to the companions of passengers under 12 years of age and people with disabilities, considering it a commercial practice in contrast with safety regulations.
 
The decision rejects the appeal filed by Ryanair against the ruling of the Lazio Regional Administrative Court of November 2022. The low-cost airline argued that the EU legislation does not impose any obligation of free travel for the proximity between the minor and the accompanying person, arguing that the tariff aspects should be left to the commercial discretion of the air carriers, in accordance with art. 22 of EC Regulation 1008/2008.
 
The Council of State, on the other hand, accepted the position of ENAC, according to which the safety guaranteed by the proximity between companion and passenger cannot be treated as an extra paid service. The ruling clearly states that the assignment of seats next to each other between the minor and the accompanying person is closely linked to the obligation to ensure safety, a responsibility that falls to the carrier and which cannot be subject to an additional cost.
 
 "We welcome with satisfaction the ruling of the Council of State – said ENAC President Pierluigi Di Palmawhich confirms a measure strongly desired by me and the Director General Alessio Quaranta in July 2021, with which we imposed on airlines the free assignment of seats to minors and people with reduced mobility near their parents and/or companions. A further recognition of ENAC's Mission in favor of the centrality of the passenger in the civil aviation system and the public interest: the right to mobility must be guaranteed to everyone, no one excluded". 
 
By the editorial staff of Avion Tourism Magazine
Text source: Copyright © ENAC Press Office
Visual photo: Copyright © Sisterscom.com / Depositphotos

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