168 LEGAL IMPACTS OF COVID-19 IN THE TOURISM INDUSTRY Such national measures do not fall under the scope of the EU passenger rights regulations. They are not addressed in these guidelines, which deal only with the interpretation of the rules on passenger rights adopted by the Union”. In Italy, the ENAC released a press communication which fully complies with the Commission guidelines and reads as follows: Following the decision of some Countries to impose restrictions – in the view of containing the expansion of the COVID-19 epidemic spread - towards passengers arriving from Italy or who stayed in Italy during the 14 days before their arrival, ENAC, the Italian Civil Aviation Authority, informs about the following: Passengers whose flights have been cancelled, passengers who are not able to utilise air tickets because of the restrictions imposed by third countries towards those incoming from Italy or who have stayed in Italy for the 14 days before their arrival and passengers who, by order of the Authorities, are subject to measures to contain the Covid19 epidemic spread • are entitled to be refunded the ticket price by the air carrier; • are not entitled to receive the financial compensation provided for art. 5 of Reg. No. 261 of 2004 (about cancellation, denied boarding and prolonged delay), as the flight cancellations are not dependent on a cause imputable to the air carrier. To receive the refund of the ticket price the passenger has to refer to the specific Regional ordinance or to the Health Authority Document that imposed the restriction or the measures to contain the epidemic spread.”11. 3.1. The amendment contained in paragraph 4, Art. 88bis : Possible infringement of Regulation No. 261/2004 Until 26 April, one would have excluded any possible infringement of European Regulation No. 261/2004 by the former frame of Art. 28, which only disciplined those cases in which the traveller is not in the position of receiving the performance of the carrier, or decides to withdraw from the contract due to restriction measures, quarantine or the impossibility to enter the country of destination. However, the situation considered by the Commission has to be 11 Press Release No. 12/2020, 29 February 2020, Coronavirus: information to passengers, www.enac.gov.it. The Press Release is being constantly updated depending on the legislative provisions adopted.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==