Thus, the ministerial decree of the 2nd of May 2017 ordered the opening of the special administration procedure and the appointment of a commission of special administrators for Alitalia as a result of the finding that this airline has entered insolvency. According to the report of the Italian Minister for Economic Development as the basis of the aforementioned decree, Alitalia had, on the 28th of February 2017, current liabilities of 2.3 billion euros and current assets of 921 million euros. The request to open the insolvency proceedings was filed by the Alitalia airline on the 2nd of May 2017.
In its judgment, the Court of Justice recalls that the rule excluding from the scope of the Directive the contractual terms which reflect laws or administrative provisions is justified by the legitimate presumption that the national legislator has established a balance between all the rights and liabilities of the parties to the contract.
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