Decision No. 301-A-2012

Alitalia Compagnia Aerea Italiana S.p.A. carrying on business as C.A.I. Compagnia Aerea Italiana, C.A.I. and Alitalia (Alitalia), on behalf of itself and Société Air France carrying on business as Air France (Air France), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Alitalia to provide its scheduled international service between Italy and Canada by selling transportation in its own name on flights operated by Air France between Paris, France and Canada, for an indefinite period, commencing August 1, 2012.

As the application was filed less than 45 days before the first planned flight, as required by subsection 8.2(2) of the Air Transportation Regulations (ATR), an exemption from the application of this provision is necessary. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(l)(c) of the Canada Transportation Act (CTA), exempts Alitalia from the application of subsection 8.2(2) of the ATR.

Alitalia is licensed to operate scheduled international services in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009.

The Agency has considered the application and the material in support and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by Alitalia of aircraft and flight crew provided by Air France, and the provision by Air France of such aircraft and flight crew to Alitalia, to permit Alitalia to provide its scheduled international service on licensed routes between Italy and Canada by selling transportation in its own name on flights operated by Air France between Paris and Canada, for an indefinite period commencing August 1, 2012.

This approval is subject to the following conditions:

1. Alitalia shall continue to hold the valid licence authority.
2. Alitalia shall apply its published tariffs, in effect, to the carriage of its traffic. Nothing in any commercial agreement between the air carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
3. The air services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
4. Alitalia and Air France shall continue to comply with the insurance requirements set out in subsections 8.2(4), 8.2(5) and 8.2(6) of the ATR.
5. Alitalia shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Alitalia and Air France shall provide the Agency with a copy of any new agreement or amendments to their code‑sharing agreement, including any new or amended annex, without delay.
7. Air transportation using Alitalia’s code on flights operated by Air France between Paris and Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey between Italy and Canada.