DJ
Based on the press release, which is all I have to go on;
Gatwick Airport were charging all passengers of FR (likely other airlines as well) for use of check in desks even when majority of passengers were printing boarding passes at home and not using check in desks.
As whole purpose for removal of check in desk was to reduce costs and fares, Gatwick were charging everybody and also benefitting by selling desk space FR would have used if old system was still in place.
In effect a no lose situation for them, irrespective of what Airlines do, they will charge you.
CAA correct I believe in its decision as like saying to company A you can hire 20 parking spaces for a year and a year later Company A says we will bus people in but use 1 space and gets charged for 20 parking spaces while Company B who owns the spaces then rents 19 out to Company C.
I reckon U2 and others (especially U2 given its size at LGW) will be raising a glass to FR this evening as Gatwick will likely be making refunds or coming to other arrangements.
I don't know when the complaint originated as that will be key.
If the date of original complaint occurred when Gatwick was part of BAA (whether Ferrovial or not) then likely that existing owners will be able to recover part of the costs from them, disputes will have been highlighted in takeover documents even though no idea of outcome, Focus DIY which collapsed last month was able to push back costs onto Halfords from an agreement made in 1988 on leases when they were part of same company.
If complaint only made when Gatwick had been bought by its new owners then
new owners responsible.
Best guess is that BAA were aware of it and it gets sorted out that way with a payment between BAA and New Owners if hasn't already been taken account of.
An example would be if when due diligence was taking place they figured that there was a 80% chance that FR would be succesful and it would cost £2 million then sale price might be reduced by £1.6 million or nothing at all with BAA agreeing to underwrite the risk or combinations of this.
All of the above is speculation as have no inside info.