Too many inconveniences and tolls never reduced, the TAR confirms a 5 million fine to Autostrade

ROME – The 5 million euro fine imposed in March 2021 by the Antitrust Authority on Autostrade per l'Italia is legitimate, accused of unfair commercial practices "for not having adjusted or reduced the toll in the sections where there are critical and persistent conditions of usability of the motorway service, with long queues and high travel times caused by the serious shortcomings of the company in the management and maintenance of the infrastructure, which required extraordinary interventions to make it safe".

The Lazio Regional Administrative Court has decided. The case is based on the collapse of the Morandi Bridge in Genoa on 14 August 2018 , the accident on the Acqualonga Viaduct on 28 July 2013 and the detachment of part of the vault of the Bertè Gallery on 30 December 2019 .

As a result of the construction of a large part of the works on the motorway routes as well as the seizure of some protective barriers of various viaducts by the judicial authorities , considerable disruption to traffic was recorded, as well as significant increases in average travel times. And the measure was reached with which the Authority contested the failure to prepare suitable measures to compensate for the inconvenience suffered by consumers, as well as in general the failure to provide correct information regarding the methods for obtaining reimbursements.

The TAR ruling rejected the appeal of Autostrade per l'Italia, which, in addition to the sanctioning provision, also contested the additional fine of 10 thousand euros for failure to comply with the original decision.

The TAR, after having preliminarily rejected the objection of rejection of the company's commitments ("as is known, the evaluation by the Authority of the commitments presented by the professional during the proceedings has a largely discretionary nature"), then examined the individual grounds for appeal.

First of all, the judges clarified how "the contested practice is undoubtedly an unfair commercial practice: in fact, both of its constituent elements are present, namely the negligence of the professional and the ability to significantly distort the behavior of the average consumer". As for negligence, "this assertion is the result of the examination of the data collected during the investigation: these, prudently assessed by the AGCM, highlight how the inconveniences suffered by consumers are the result of the lack of maintenance work on parts of the motorways under concession".

Even though the travel times have been increased, "it should be noted that the extremes for qualifying the commercial conduct as aggressive and deceptive are equally recurrent"; also because "the failure to prepare suitable compensatory measures for the inconvenience suffered - or the provision of similar possibilities in a manner that is very little coherent with the actual damage caused - has resulted in the limitation of the consumer's freedom".

Last point, the one related to the quantification of the sanction. The TAR considered that the Authority "appears to have correctly governed the relevant regulatory parameters".

How Refunds Work Today

Today, Autostrade per l'Italia provides, in the event of delays due to work sites on the network it manages, to benefit from a toll refund starting from 10 minutes of delay and can reach up to 100% of the toll for all classes of vehicles.