OST-1996-1976 - Condor Flugdienst GMBH - Foreign Air Carrier Permit

OST-1996-1976 - Condor Flugdienst - Foreign Air Carrier Permit - Germany-US

http://www.condor.de/

Condor Flugdienst GMBH

Order 1997-8-8
OST-1996-1976 - Foreign Air Carrier Permit - Germany-US

Issued July 9, 1997 | Served August 11, 1997

Order Issuing Amended Foreign Carrier Permit

Condor is a wholly-owned subsidiary of Lufthansa German Airlines. (The Government of Germany owns 35.7 % of Lufthansa's outstanding shares, with the remainder publicly held, or held by German institutions.) All of Condor's officers, directors and key management personnel are citizens of Germany.

Financial Indicators:

($ billions)

Year Ending Dec 31	1995	1994
Total Assets	5.4	5.3
Total Liabilities	2.0	2.2
Owners Equity	3.4	3.0
Operating Profit or (Loss)	.3	.5

Summary: Foreign Air Carrier Permit Application | Permit

By: Charles Hunnicutt

September 4, 2007

Application for an Amended Foreign Air Carrier Permit and an Exemption

Condor Flugdienst GmbH requests that the Department amend its existing Foreign Air Carrier Permit, which was issued by Order 1997-8-8, to incorporate all of the new rights made available to European air carriers pursuant to the Air Transport Agreement Between the United States and the European Community and the Member States of the European Union. Condor also requests exemption authority to enable it to provide the services covered by this Application while the Department evaluates Condor's Application to amend its Foreign Air Carrier Permit.

Condor requests that the Department process this Application pursuant to its streamlined regulatory procedures and issue a single order that (a) grants the requested exemption authority for a two-year period or until the requested permit authority becomes effective, and (b) approves the requested amended Foreign Air Carrier Permit under the Department's show-cause procedures, unless the Department determines that proceeding directly to a final order issuing a Foreign Air Carrier Permit is appropriate. Condor further requests that the Department grant the requested authority and make it effective on March 30, 2008, or on any other date on which the US-EC Agreement takes effect.

Counsel: Holland & Knight, Anita Mosner, 202-955-3000, anita.mosner@hklaw.com

October 22, 2007

Re: Updated Air Operator Certificate

On behalf of our client Condor Flugdienst GmbH, we submitted on September 4, 2007, an application for an amended Foreign Air Carrier Permit and for exemption authority to incorporate all of the new rights made available to European air carriers pursuant to the recent US-EC Agreement. With that application, we provided Condor's then-current Air Operator Certificate, which since has been updated to reflect that Mr. Ralf Teckentrup has replaced Mr. Werner Knorr as Condor's Accountable Manager. See Enclosure 6 of the attached updated AOC.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604, anita.mosner@hklaw.com

Order 2007-10-31
OST-1996-1976 - Foreign Air Carrier Permit - Germany-US

Issued and Served October 25, 2007

Order Granting Exemption and to Show Cause

We grant the request of Condor Flugdienst GmbH for an exemption under 49 U.S.C. §40109 to permit it (1) effective on the issue date of this order, to accept payments, issue tickets, and enter into charter contracts, and (2) effective March 30, 2008, to commence flight operations, for: a) foreign scheduled and charter air transportation of persons, property and mail from any point or points behind any Member State of the European Union, via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond; b) foreign scheduled and charter air transportation of persons, property and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area; c) foreign scheduled and charter cargo air transportation between any point or points in the United States and any point or points; d) other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations; and e. transportation authorized by any additional route rights made available to European Community carriers in the future.

Condor Flugdienst GmbH shall, before it commences any new service under subparagraph (e) of ordering paragraph 1 above, provide the Department, in Docket OST-1996-1976, with evidence that it holds a homeland license for that new service, unless it has already provided such evidence to the Department.

With respect to the applicant’s request for an amended foreign air carrier permit in this proceeding, we direct all interested persons to show cause why our tentative decision on that application, set forth above, should not be made final. Any interested person objecting to the issuance of an order making final our tentative findings and conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twenty-one calendar days after the date of service of this order, file with the Department.

By: Paul Gretch

Order 2008-5-10
OST-1996-1976 - Foreign Air Carrier Permit - Germany-US

Issued May 7, 2008 | Served May 8, 2008

Final Order

By Order 2007-10-31, issued October 25, 2007, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award an amended foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Paul Gretch