Decision No. 456-A-2014

December 24, 2014

APPLICATION by Alitalia Compagnia Aerea Italiana S.p.A. carrying on business as C.A.I. Compagnia Aerea Italiana, C.A.I. and Alitalia, on behalf of itself and various international code‑share partners, pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended.

Case number: 
14-06229
14-06230
14-06232
14-06233

Alitalia Compagnia Aerea Italiana S.p.A. carrying on business as C.A.I. Compagnia Aerea Italiana, C.A.I. and Alitalia (CAI), on behalf of itself and various international code-share partners, applied to the Canadian Transportation Agency (Agency) to vary 152-A-2011">Decision No. 152-A-2011, Decision No. 57‑A-2012, 301-A-2012">Decision No. 301-A-2012 and 212-A-2013">Decision No. 212-A-2013 (Decisions) to reflect that code share approvals apply to Alitalia - Società Aerea Italiana S.p.A. carrying on business as Alitalia - Società Aerea Italiana, Alitalia SAI and Alitalia (SAI), rather than CAI.

SAI is authorized 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.

CAI advised the Agency that it is effecting a corporate reorganization. As part of the reorganization, CAI’s airline-related business is to be transferred to SAI, effective on January 1, 2015. SAI intends to carry on business as Alitalia - Società Aerea Italiana, Alitalia SAI and Alitalia.

The Agency has considered the application and the material in support and finds, pursuant to section 32 of the Canada Transportation Act (CTA), that there has been a change in the facts or circumstances pertaining to the Decisions since they issued and that they should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, varies the Decisions by replacing all references to “Alitalia Compagnia Aerea Italiana S.p.A. carrying on business as C.A.I. Compagnia Aerea Italiana, C.A.I. and Alitalia (CAI)” with “Alitalia - Società Aerea Italiana S.p.A. carrying on business as Alitalia - Società Aerea Italiana, Alitalia SAI and Alitalia (SAI)”.

By 2014-A-251">Order No. 2014-A-251, the Agency exempted CAI from the application of section 58 of the CTA, and directed that a new document of licence would be issued to the new entity upon the occurrence of certain events. Therefore, the Agency, pursuant to paragraph 28(1)(b) of the CTA, orders that this variance shall only take effect if and when the transfer of licence occurs.

All other conditions in the Decisions continue to apply.

Member(s)

Sam Barone
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