easyJet (London Luton) has lost an appeal in a court in Rome against a EUR2.8 million euro (USD2.9 million) fine imposed on it in 2021 by Italy's competition watchdog (L'Autorità Garante della Concorrenza e del Mercato - AGCM) for flouting consumer protection laws during the COVID-19 pandemic.
The Italian newspapers Corriere della Sera and La Repubblica report that the Regional Administrative Court of Lazio in Rome on February 5 rejected easyJet's appeal in a 28-page ruling published on February 12.
As reported at the time, the AGCM sanctioned easyJet, Ryanair, and Volotea for not reimbursing customers for flights cancelled between June and October 2020, despite travel restrictions linked to the pandemic lockdown in Italy having ended. The AGCM accused the airlines of "seriously improper conduct" and lacking "professional diligence" when - once the government had relaxed the travel restrictions in Italy - they proceeded with numerous flight cancellations and sale offers using the COVID-19 crisis as an excuse. They also continued to issue vouchers instead of refunding cancelled tickets.
The court ruled that an airline must prove extraordinary circumstances and show that the cancellation or delay could not have been avoided even with reasonable measures in order to avoid paying compensation.
On the refund issue, the court found easyJet punishable because it had misled passengers about their rights following a cancellation. Specifically, the airline failed to prioritise offering passengers the choice between rescheduling or receiving a cash refund, as required by law. Instead, it primarily provided vouchers. Furthermore, the airline made it hard for consumers who wanted a refund by limiting access to customer service through a premium-rate phone number and delaying processing refund requests.
Asked for comment, an easyJet spokeswoman told ch-aviation: "easyJet has been notified by Lazio regional administrative court on the decision to dismiss our appeal. We strongly believe that we have always acted fairly and complied with all the ever-changing applicable laws. easyJet will examine the decision and review its options."
