L2B Aviation: Is the US-EU Open Sky Agreement "open" to low cost airlines?
Ræder lawyers Alexander Wiesner Barg and Kyrre W. Kielland has written an article for the L2b Aviation network: «Is the US-EU Open Sky Agreement "open" to low cost airlines?»
The article evaluates the Open Sky Agreement between the US and the EU and the consequences it has for the Norwegian Air Shuttle company Norwegian Ltd. Norwegian has been met with jurisdictional challenges during the process towards aquiring an American Carrier Permit for their recent Irish-registered daughter company.
"In December 2013, Norwegian Air International Ltd. («Norwegian»), an Irish subsidiary of Norwegian Air Shuttle ASA, Europe’s third largest low cost airline, filed an application to the U.S. Department of Transportation («DOT») in order to obtain a foreign air carrier permit. The permit would allow the Irish subsidiary to operate flights between the U.S. and EU member states and other members of the European Common Aviation Area.
The legal basis for Norwegian’s application was the Air Transport Agreement between the U.S. and the member states of the EU signed 25/30 April 2007 (as amended 24 June 2010), often referred to as the US-EU Open Skies Agreement («the Open Skies Agreement»). The initial treaty was revolutionary in the sense that all European airlines were given the opportunity to fly between any point in the EU and any point in the U.S., without facing any restrictions as to pricing or capacity. Norway and Iceland, being non EU-members, acceded to the Open Skies Agreement on 21 June 2011."
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