It seems to me that the legislation in the Irish Republic is considerably stronger than the UK where companies that are not airlines offering travel by air are exempt from ATOL requirements if using aircraft with less than twenty seats. I don't think that the statement from Applebys acting for Manx2 that they only acted as 'ticket provider or booking office' fits with the facts. Statements from James Healy-Pratt of Stewarts Law acting for the passengers have more veracity.
"The short point is an old one, if something walks, talks and looks like a duck, then it usually is a duck."
"Manx 2 identified the route.
Manx2 leased in an operator and crew to fly the route.
Manx2 started an operations base at Belfast for the route.
Manx2 marketed the route, as a Manx2 route.
Manx2 gave the route a Manx2 flight code (NM).
Manx2 had its name on the nose of the plane.
Manx2 'welcome the passengers on board this Manx2 flight'
Manx2 made profit from the route.
Manx2's ticket terms and conditions are not clear."
"Our view is that in any Court in the US, UK, EU, or Ireland, Manx2 would be held jointly responsible with Flightline BCN."
"We are interested to know what due diligence Manx2 did in using Flightline - to what extent did they know about the October 2001 fatal crash with a Metroliner in Spain and the under-insurance problems. We are also interested to know the extent of the Manx2 operation at Belfast with this flight. We understand Manx2 paid for all fuel for the aircraft."