Originally Posted by
SWBKCB
What constraints? You'd have thought one requirement for holding slots is actually to be a functioning airline, which is presumably why the administrators have gone back to get the licence?
I think we really need a Pprune masterclass on slots - any takers?!?
Almost. Only an airline with an active AOC can hold slots - this is mainly because the retention of those slots is linked to the operation of them and only an airline can achieve that.
The status of an AOC rests with the CAA and revocation is not automatic just because an airline enters Administration, if it were, it would dramatically reduce the ability of the Administrators to save the business as a key asset (slots) would be lost back to the pool. At the moment, Flybe's AOC is suspended (not revoked) and therefore it can legitimately continue to hold the slots allocated to it. I'd imagine that the application of a temporary licence (if awarded) might act as some form of insurance policy for the Adminstrators, extending the time available to sell/restructure the business whilst de-risking the potential impact of revocation of the suspended AOC. Whilst it's possible that the DfT could intervene given their oversight of the CAA, I think it unlikely as it would undermine the authority of the CAA to decide on such matters and would risk politicising the situation.
If existing EU law became UK law during Brexit (which I believe was the case in respect of airport slots), then the rules regarding the control of slots are unchanged with ACL acting in line with other EU slot coordinators. Further, the remedy agreements governing LHR slots also remain in place, therefore if Flybe's AOC were to be revoked, I think it likely that all except the LHR slots would return to the pool for reallocation. The LHR slots would return to BA (as ultimate owner) to uphold their availability to any subsequent remedy application. BA would need to utilise the slots in the interim to protect the historic precedence should any other airline want access to these slots in future.
I think it highly unlikely that any other operator could secure use of these slots unless they;
(a) rescued the current Flybe business from Administration, thereby gaining the AOC and access to the current unencumbered slots, or
(b) submitted a new remedy application for use of the slots, however any application would be restricted to the specific destinations included in the original remedy which, after operating for at least 6 consecutive IATA seasons could then be swapped to an alternative EU destination subject to a successful grandfathering application to the EU.