In order to protect its own interests, Alitalia asserted its right of access to such contracts, in order to prove that ADP had allegedly paid for marketing activities by illegally using public and Community funds, and granted favorable economic conditions for the use of handling services to Ryanair.

TAR Apulia found Alitalia’s interest in accessing the contracts concerned to be legitimate because of its market position, which could potentially be affected by the award of the tourism promotion services at stake, without call for tenders, in breach of the principles of transparency and equal conditions, and with possible distortive effects on competition. In this context, the need to be informed about documents which may or may not justify a legal action overrides the need to guarantee commercial and industrial confidentiality (raised by Ryanair), and free entrepreneurial initiative (raised by ADP).