I diritti per l’utilizzo delle infrastrutture aeroportuali, i principi della direttiva n. 12 del 2009 e le raccomandazioni dell’ICAO – Airport infrastructure charges, the principles of Directive 2009/12/EC, and ICAO policy recommendations

The essay examines the principles established by Directive 2009/12/EC and the recommendations of the International Civil Aviation Organization (ICAO) regarding airport charges. It investigates whether airport operators are allowed to adjust charges or apply pre-financing mechanisms in response to increasing air traffic and infrastructure demands, while adhering to the principles of transparency, proportionality, and non-discrimination. The essay also considers the cost-recovery principle—specifically, whether the correlation between costs and charges should be assessed for each individual charge or across the entire tariff system, as endorsed by ICAO and the Italian regulator ART. Finally, it addresses competition issues under Article 102 TFEU.