The court found insufficient evidence that the market was closed to new entrants, noting the presence of a public competitor with only slightly lower fares. It also ruled that a Ministry of Infrastructure study had been used for purposes not disclosed during the investigation, undermining the company’s right of defence.

The AGCM’s assessment of Caronte & Tourist’s revenues and costs was also considered unreliable, while the 855-day preliminary investigation had made it difficult for the company to retrieve the required accounting records.

The Council of State annulled the penalty and related measures and ordered the AGCM to cover the legal costs of both proceedings.

Caronte & Tourist welcomed the decision, maintaining that its fares support a frequent, round-the-clock service between Sicily and Calabria in all weather conditions and during periods of lower demand.

© Shippax