AGCM

The Antitrust Authority closed the preliminary investigation launched against the Irish air carrier Ryanair in September 2017, confirming the unfair commercial practice of its cancellation of numerous flights undertaken largely due to organizational and management issues of which the company was already aware - not dependent on occasional and exogenous causes outside its control -, causing considerable inconvenience to consumers who had planned their travel well in advance and had already booked and paid for their airline tickets.

The carrier was also found to have acted in a misleading manner in informing passengers of the cancellation of the flights, insofar as it offered them two possible solutions (ticket refund or ticket change) without adequately informing of the existence of their (further) right to compensation - where due - provided for by Reg. EC 261/04 in the event of flight cancellations close to the day of departure.

During the investigation, Ryanair, with effect from February 2018, in compliance with a precautionary measure ordered by the Authority, substantially changed its conduct by updating the information provided on its website in relation to the right to compensation and by sending individual notices to the customers concerned that allowed them to understand fully their rights following cancellation of their flights and, consequently, to exercise these rights.

In consideration of the above, the Authority duly reduced the amount of the pecuniary administrative sanction imposed on the airline in the main proceedings, setting it at € 1,850,000, and decided to terminate the non-compliance procedure of the interim measure, without imposing any fine on the carrier.

Rome, 7 June 2018