The dispute over Sardinia's airspace continuity has become a legal one.

Aeroitalia has challenged before the Regional Administrative Court (TAR) the ministerial decree imposing public service obligations on flights between the airports of Cagliari, Olbia, and Alghero, and those of Milan and Rome. It also challenges the tender procedures for each route, which, according to the company, are unfairly biased in favor of ITA Airways.

News emerges today that the Lazio Regional Administrative Court (TAR) has rejected the request for an urgent precautionary suspension of the measures: "The first available chamber hearing for the collegial consideration of the precautionary measure," the Rome court's ruling states, "is scheduled for December 22nd and, pending its holding, the requirement of 'extreme gravity and urgency, such as not to even permit a delay until the date of the chamber hearing,' necessary for the adoption of the requested precautionary measure by a single judge, is not found to exist."

The judge also noted that "the deadline for submitting bids set out in the contested notices (December 3, 2025, as specified in the appeal) expired before the appeal was filed (December 5, 2025). Furthermore, there is currently no evidence to suggest that the management of the air services in question will be awarded before the next hearing in chambers. Consequently, pending the collegial hearing of the precautionary application, it must be held that there is no irreversible prejudice to the legal position invoked by the same party." Furthermore, "a favorable outcome to the dispute, both in the collegial precautionary proceedings and on the merits, could allow the appellant to achieve the lifelong goal she seeks, requiring the Administration to adopt the consequent measures necessary to fully restore the legal and subjective situation allegedly damaged in this dispute."

Enrico Fresu

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