tangoll

I think you have hit on the key point why Alitalia is requiring the pax to contact Alitalia to request a refund. According to a document on Pax Rights issued by ENAC, the Italian Civil Aviation Authority (with courtesy translation into English): the document is 37 pages long, but at the beginning on Reservations:

"Upon making a reservation passengers have the right to access information concerning:
• the air carrier that will carry out the flight
• the flight schedule
• the type of aircraft
• the airfare and any restrictions that may apply to it
• the reservation code (PNR - Passenger Name Record)
• liability limits of air carriers in case of death or injury of passengers
• liability limits in case of damage, destruction or loss of baggage
Each air carrier generally informs its passengers on the procedures and the timetable concerning the
check-in process. The carriage contract becomes effective by purchasing the ticket."

The last sentence is the key point: The "carriage contract" becomes effective when the ticket is purchased (presumably when payment is accepted by Alitalia). Everyone of us has a Carriage Contract with Alitalia, and to void that contract, Alitalia requires our specific request for a refund, thereby voiding the carriage contract. There must be other laws governing the carriage contract.

This must be also why Alitalia will not accept a refund request from the OTA.

Any legal minds can comment on this?