We agree that the Commander may deviate as necessary , whether it be a "Stop" or " Go around " . It may not be wise and I also mentioned that an explanation of such actions would be necessary .
A little condescending ATC W, but as various countries Airlaw are not readily at hand and are onerous to navigate I chose a simple route to refer to WIKI , which has some references which could have been referred to .
ATC , re : Uberlingen : quote from your BFU .
3.2 Causes .
The following
immediate causes have been identified :
. the imminent separation infringement was not noticed by ATC in time . The instruction for the Tu154M to descend was given at a time when the prescribed separation to the B757-200 could not be assured anymore . End quote .
A rebuttal to the broad statement that Air Traffic control knows all . They obviously didn't know all here . So go ahead , embarrass me , I can take it .
eCFR ? Code of Federal Regulations Subpart A General 91.3 . Also if you wish ICAO Annex 2 also references this and I believe that Germany is a signatory .