France-based operating airlines issues

 Since opening its aviation market to competition, the airlines nationals of states of the European Union can operate in France.
  
Public air transport is to be carried by aircraft, a point of origin to point of destination, passengers, cargo or mail for consideration. The exercise of public air transport activity is subject to the holding of a license and an Air Operators Certificate issued by the French administrative authority.
 
Indeed, decisions on licensing of air carriers audiences, including the issuance, conversion to temporary license suspension and revocation, are made by order of the Minister of Civil Aviation, after consulting the Board aviation market (Article R. 330-19 of the Code of Civil Aviation).
 
In accordance with Article R. 330-2 ACC can only obtain a license to operate airline company that performs primarily as a public air carrier activity and has its principal place of business and, if any, its registered office in the territory of the French Republic.
 
Thus, the company wishing to obtain a carrier license in France must meet the following requirements: It must be owned and continue to be owned, either directly or through majority ownership by Member States of the European community or the parties to Agreement on the European Economic Area or any other agreement having the same effect on air transport, or by nationals of those States. Listed companies in particular must be able at any time to establish that they are effectively controlled by such States or their nationals.
 
Once a company obtains the license and the AOC, it is subject to French legislation applicable in civil aviation.
 
The Ministry of Civil Aviation to ensure compliance by airlines, civil aviation rules. In case of non-respect rules enacted, administrative sanctions are planned. At this stage, the intervention of a professional of aviation law is essential.

The lawyer can help resolve difficulties that may face the airlines facing the administration. Indeed, various administrative penalties are incurred by airlines and may be the withdrawal of the license or the imposition of administrative fines.
 
Moreover, an airline assisted by the local authorities can be accused of distorting competition. In this case, only the intervention of a lawyer can defeat such claims.
 
1. The withdrawal or suspension of licenses airline.

The Minister for Civil Aviation may, after consultation with the Higher Council for aviation market at any time and in any case where it is clear that an air carrier, which has licensed it, has problems Financial, an assessment of its financial results and may suspend or revoke the license if he has more confidence that the airline is able to meet its current obligations or potential for a period of twelve months.

The Minister may also issue a temporary license during the financial restructuring of the airline, provided that safety is not jeopardized.

At each financial year without undue delay, airlines must provide the authorities who issue licenses the audited accounts relating to the previous year.

Before a decision to withdraw the license or AOC is taking the airline to give its comments. At this stage, the effective intervention of a lawyer can reassure the authorities on the transient nature of financial difficulties.

The relevance of the intervention of the lawyer before the Supreme Council of the aviation market will prevent the withdrawal or suspension of license. Counsel having previously loaded to convince the airline partners to maintain their support.


2. The reduction of administrative fines in case of unjustified removal of slots

Exercise of air transport activities in France is subject to the allocation of slots to airlines. Mean time slot, the estimated time of arrival or departure available or allocated to an aircraft movement on a specific date at a coordinated airport.

 Indeed, any landing or takeoff of an aircraft operated by an airline on a fully coordinated airport shall, except in cases of force majeure, subject to the prior allocation of a slot by the corresponding coordinator on this airport.
 
The air carrier requesting that he be awarded slots at an airport any day and with less than four slots or receiving less in the airport is considered a newcomer.

 Airlines may therefore experience difficulties in respect of slots or to assign it to.

 The Minister for Civil Aviation may impose an administrative fine against an airline which is flying with scheduled programming and marketing does not correspond to a time slot for takeoff or landing specifically assigned for this purpose.
 
 This sanction is decided after consulting the Administrative Commission of Civil Aviation. This commission's mission is to give the Minister advice on the administrative sanctions that may be imposed for breaches of regulations.

 The airline on which he is accused of failing to maintain its slots is heard. Indeed, the Administrative Commission of Civil Aviation intends, in addition to the rapporteur, the person or persons involved in the referral, which may be represented or assisted by a person of their choice.
 


The intervention of a lawyer, before the Committee on civil aviation is essential. The lawyer charged with defending the interests of the airline can effectively convince the commission of the good faith of his client.
 
The firm PICOVSCHI was able to defend some airlines before the Committee on Civil Aviation. We were able to convince the commission that the failure of slots result not of bad faith on the airline, but the removal of unjustified slots previously allocated.
 
In fact, according to own doctrines of the Directorate General of Civil Aviation, all slots used correctly are automatically re-allocated to companies that operate them. The airline has operated an approved slot can claim the same slot for the period of the next equivalent scheduling.
  
That's why the company whose interests we represent had maintained its flights to the usual schedule. However, the authority responsible for slot allocation was assigned slots to a competing airline. This suppression of slots meant liquidation for the company victim.
 
The relevance of our observations to the Administrative Commission of Civil Aviation, led to what the original amount of the fine incurred by our customer is divided by 10!


3. The appreciation of the legitimacy of the aid granted to airlines.

To encourage airlines to locate in provincial airports, local authorities or chambers of commerce may grant financial aid. These aids are designed to facilitate the implementation airlines in the regions.

The difficulties stem from the fact that aid may be challenged by other companies who believe they distort competition rules. The participation of a legal professional in negotiations for a settlement in the province has guaranteed to avoid possible complaints from competitors.
 
The lawyer's role is crucial, since it is only capable of assessing the compatibility of aid with the market. Jurisprudence and decisions of national and European bodies are so complex that non professionals can easily navigate.
 
Thus, in general, aid granted may be compatible with the common market on the basis of transport policy, insofar as they help develop and ensure better use of secondary airport infrastructure which is currently underutilized and represents a cost to the community.
 
However, some aid may be granted deemed incompatible because they distort competition in favor of beneficiaries. In such a case, the aid granted must be repaid by the companies that have benefited. This can be catastrophic for the financial health of the airline.
 
The decision of the Commission dated February 3, 2004, illustrates this situation perfectly. The Commission approved certain grants that allow the true development of new lines. In contrast, other aid has been found incompatible with the proper functioning of the internal market and must be repaid.
 
To avoid such difficulties, it is important to request valuable advice from a French lawyer in Paris who can ensure that the benefits granted at an airport are not reclassified as distorting competition.

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