He flew comfortably on the scheduled Rome - Cagliari flight on Tuesday evening. Volotea's Airbus hosted him without asking him the reasons for the trip. In reality, the lawyer Giulio Napolitano, a surname as heavy as being the son of the President emeritus of the Republic, did not come to Sardinia for vacation. The mission in Sardinia was imposed by the top management of Ita, the former Alitalia, to unhinge the second tender, which attributed territorial continuity to and from the island to the Spanish company Volotea. Ita's lawyer had a clear mandate: to stop the assignment of flights to the Iberian company.
Napolitano & Chiomenti
An imposing presence was that of Napolitano, in the format of special consultant of the Chiomenti studio, because he was called to represent the same studio that first planned the territorial continuity for the Sardinia region, to then move on to the other side of the barricade, challenging the TAR the provisions of the regional administration itself. For the Region and the Tar judges themselves, the presence of the Ita lawyers was unexpected and in many ways incomprehensible given that on the first appeal they had all agreed to renounce the suspension and go directly to February for the merits. It seemed obvious to everyone that even on the second appeal, the one on the race that saw Volotea triumph, it would go directly to the merits. Instead, no.
Ita bellicosa
The landing of Ita in Sardinian land was bellicose, as if a treason had been consummated against the legacy of Alitalia. The tones of Ita's appeal, worse still Napolitano's plea, were very harsh. The dispute can be summarized: how did you dare to exclude Ita from a public competition? Without ever saying it explicitly, the lawyers of the state company made it clear that it was a public company and that in fact there was the history of Alitalia behind it. Too bad there was not a shred of completed document to certify it. The embarrassment of the overlapping of legal tasks, first of the Region and then of the State company, has led to a change of procedural strategy. Ita's lawyers were explicit: we want an immediate ruling from the TAR to suspend the award of the tender. The clash was titanic and very hard. In the corridors of the building in viale Trento the tones were already on before the Council Chamber began, presided over by the number one of the Tar Dante D'Alessio, with the Judge Rapporteur Tito Aru and Raffaelo Scarpato Referendary.
