ITA-Lufthansa: Italian Government wants to save agreement
Intervention after rehiring ex-Alitalia workers decided by some judges
The Italian Government 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 reassure the markets, investors and the Lufthansa Aviation Group itself. An intervention made necessary after the Court of Rome ordered the reinstatement of some workers of the Italian company, rejecting the appeal of others.
Up to this point, ITA Airways has had 38 favorable rulings (841 appeals rejected) and three unfavorable or partially unfavorable rulings (244 people to be hired). There are still 34 pending judicial disputes for a total of 564 former Alitalia employees who have appealed to request reinstatement in ITA.
The Council of Ministers yesterday declared that "taking into account that a jurisprudential conflict has arisen" it is "necessary to approve an interpretative rule" consistent with the decisions of the European Commission, "on the subject of the transfer of business complexes by companies admitted to the extraordinary administration".
Directive 2001/23/EC establishes that if Brussels has decided that there is no economic continuity (that is transfer of a business unit) between ITA and Alitalia, then the provisions of article 2112 of the Italian Civil Code expire, according to which: "In the event of a transfer of a company" the continuation of the "employment relationship with the transferee and the worker retains all the rights deriving from it. The transferor and the transferee are jointly and severally liable for all the credits that the worker had at transfer time".
On the topic, see also the article published by AVIONEWS.
AVIONEWS - World Aeronautical Press Agency