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Old 29th Jan 2021, 19:58
  #88 (permalink)  
Albert Hall
 
Join Date: Mar 2004
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There is a further important provision in the remedy commitments which is likely to be relevant here. This is not specified as being valid for the Utilisation Period only but rather in perpetuity:

1.3.7 For the avoidance of doubt, the Slot Release Agreement may:
(a) contain prohibitions on the Prospective Entrant transferring its rights to the Slots to a third party, making the Slots available in any way to a third party for the use of that third party, or releasing, surrendering, giving up or otherwise disposing of any rights to the Slots; and/or
(b) provide for reasonable compensation to IAG in ...
I do not know for sure but my guess is that this case surrounds this wording and whether Flybe (or now its Administrators) have or do not have the right to sell the slots after the defined period of operation on the Aberdeen and Edinburgh routes. It suggests not but as it is not totally explicit, it may be possible to run a legal case to that effect. Obviously unless anyone has a copy of it, the Slot Release Agreement might contain some further wording to clear up this position.

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