Originally Posted by
southside bobby
How is it possible that Flybe`s administrators have retained the company`s operating licence & slots?
https://www.caa.co.uk/Commercial-ind...ing-decisions/
Operating and Route Licences of Flybe Limited: CAA decision 1/2020 has been withdrawn.
The Operating and Route Licences of Flybe Limited: CAA decision 1/2020 has been withdrawn due to the
amendment to EU Regulation 1008/2008 dated 28 May 2020 which retrospectively amends that Regulation.
https://assets.ey.com/content/dam/ey...ptember-20.pdf
As referenced in the Proposals, the Joint Administrators appealed the CAA Decision to the Secretary
of State for Transport, the Rt Hon Grant Shapps MP, on 30 April 2020. However, during the course of
that appeal process, the relevant EU legislation, namely EC Regulation No 1008/2008, was
amended by Regulation (EU) 2020/969, such that the relevant threshold test for assessing the
suspension or revocation of the Company’s OL was changed to account for the impact of the
COVID-19 coronavirus pandemic on the aviation industry. The Joint Administrators successfully
argued that the CAA’s decision to revoke the Company’s OL should therefore be withdrawn and a
fresh assessment made under the new test in the amended legislation.
As a result, on 9 July 2020, the CAA withdrew its decision to revoke the Company’s OL, subject to
certain undertakings from the Joint Administrators to, amongst others, not take bookings or sell
tickets for flights without the CAA having confirmed the undertakings’ release, and the Company has
therefore retained its OL. The Joint Administrators subsequently withdrew their appeal to the
Secretary of State.
Crucially, the Company’s retention of its OL has in turn so far enabled the Company to retain its right
to hold its slots at those airports in which it operated, with the exception of its slots at London
Heathrow which are subject to ongoing dispute with IAG.