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OST-2003-15092 - Complaint Against Aerolineas Argentina, Air Plus Argentina, Southern Winds, and the Government of Argentina
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American Airlines, Inc., Federal Express Corporation, United Air Lines, Inc., and United Parcel Service Co. - Complaint Against Argentina May 1, 2003 OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina Joint Complaint of American Airlines, Federal Express, United Air Lines and United Parcel Service The Government of Argentina is in violation of its obligations under the Air Transport Agreement between the United States and Argentina, as amended, by countenancing a regime of discriminatory, unjust, and unreasonable airport charges (for landing fees, parking, and air traffic control) at the Buenos Aires International Airport. At EZE, the joint complainants are required to pay airport charges that are approximately three times higher than what is paid by Aerolineas Argentinas. Moreover, the airport charges paid by the complainants are not properly cost-based, and are among the highest at any airport in the world. The joint complainants have variously sought relief from both the Judicial and Executive Branches of the Argentine Government, and taken other actions, but without success. Counsel: Carl Nelson, 202-496-5647, carl.nelson@aa.com for American/ G. Bailey Leopard, 901-434-6664, gbleopard@fedex.com for Federal Express/ Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com for United/ Kelley Drye, David Vaughan, 202-955-9864, dvaughan@kelleydrye.com for UPS May 2, 2003 OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds and the Government of Argentina Letter from Southern Winds, S.A. The Joint Complaint rests on a complicated factual background (that took over three single spaced pages to describe) that must be carefully reviewed by Southern Winds before answering it. In addition, since the actions of Southern Winds are not being complained of (although Southern Winds could be the subject of any remedial order) the carrier must consult with its Government in fashioning any reply to the Joint Complaint. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300 American Airlines, Inc., Federal Express Corproation, United Air Lines, Inc., and United Parcel Service Co. - Complaint Against Argentina Issued and Served May 2, 2003 Order 03-5-4 Order Instituting Proceedings | Word Order 2003-5-4, the Department invites interested persons to file answers to the Joint Complaint of American Airlines Inc.; Federal Express Corporation; United Air Lines, Inc.; and United Parcel Service Co. in OST-2003-15092, no later fourteen days (May 16, 2003) from the service date of this order; and if answers are filed, replies to those answers should be filed no later than five calendar days (May 23, 2003) thereafter; and, dismisses the request of the Joint Complainants to the extent it sought a more expedited procedural schedule in this matter. By: Read C. Van de Water May, 5, 2003 Revised Exhibit 2 to the Joint Complaint Enclosed is revised Exhibit 2 to the captioned joint complaint. The original Exhibit 2, as submitted on May 1, 2003, did not identify all of the airports represented by the shaded bars. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com May 16, 2003 OST-03-15092 - Joint Complaint Under Section 2(b) of the IATFCPA Answer of Aerolineas Argentinas As discussed more fully below, this case does not warrant the imposition of sanctions or countermeasures. The matter in dispute is currently the subject of lawsuits pending in the courts of Argentina which have been brought by the U.S.A. airlines as well as by Aerolineas and other international air carriers. The complainants here cannot show that discriminatory practices within the meaning of § 41310 have occurred nor that they have exhausted their legal remedies in Argentina to resolve the dispute. In addition, the complainants have not shown that all possible alternative means, including inter-governmental negotiations, have been exhausted or would be unproductive. Accordingly, the complaint must be dismissed. Counsel: Rosen Weinhaus, John Romans, 212-530-4827
May 16, 2003 In an egregious case of over-reaching, bordering on an abuse of the DOT procedures, the four U.S. carriers have formally requested the DOT to sanction Southern Winds, although these carriers know full well that Southern Winds pays the same level of fees and charges at EZE as do they. Southern Winds has a clear right under the Air Transport Services Agreement between the Republic of Argentina and the United States and its DOT-issued operating authority, to operate between Argentina and the United States, and no fact or argument set forth in the Joint Complaint offers any justification for limiting the rights of Southern Winds from continuing to do so. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com May 21, 2003 OST-03-15092 - Joint Complaint Under Section 2(b) of the IATFCPA Joint Reply of American, Federal Express, United and UPS This action was contrary to legislation enacted by the Argentine Congress requiring that such dollarized fees be converted into pesos at no more than a one-to-one rate and could not be increased by suppliers. The U.S. carriers serving EZE as well as Aerolineas and certain other foreign carriers challenged the legality of the original Executive Decree as well as a subsequent amendment, but only Aerolineas has been successful in procuring an order enjoining the collection from it of the increased fees set under the Decree. The combination of the unjustified dollarization Decree and the judicial injunctive relief exclusively applied to Aerolineas has resulted in discrimination against the U.S. carriers serving EZE that is contrary to the U.S./Argentina bilateral air services agreement. The U.S. carriers serving EZE have, therefore, properly sought from the Department relief against this discrimination under Section 2(b) of the International Air Transportation Fair Competitive Practices Act, as amended, 49 USC §413 10. Neither Aerolineas nor Southern Winds addresses the question of the reasonableness of the three-fold increase in the EZE airport fees. As noted above, Aerolineas concedes that the increase applied to international services only, leaving fees for domestic services unchanged. It defies belief that the de-linkage of the peso from the dollar increased airport costs for international services by a factor of three while the costs at the same airports for domestic services were affected not at all. Moreover, as noted on our joint complaint, the fee increase for international services cannot in any event reasonably be attributed to the de-linking of the dollar and the peso since the airport operator is paying most of its costs in pesos, not dollars. Counsel: Carl Nelson, 202-496-5647, carl.nelson@aa.com for American/ G. Bailey Leopard, 901-434-6664, gbleopard@fedex.com for Federal Express/ Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com for United/ Kelley Drye, David Vaughan, 202-955-9864, dvaughan@kelleydrye.com for UPS June 24, 2003 OST-03-15092 - Joint Complaint Under Section 2(b) of the IATFCPA Motion of Aerolineas Argentinas for Leave to File It is more likely that the conflicts will be resolved by the Supreme Court of Justice of Argentina. Regardless of the method. the conflicts will be resolved, and all airlines flying international routes. both Argentinian and non-Argentinian. will pay fees according to the same formula. Exhibit A: Federal Court #11 - Aerolinas Argentinas, S.A. vs. E.N. - PEN - Dated September 3, 2003. Trial Court granted preliminary injunction suspending Executive Decree 577/02 Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@LRJWlaw.com
Issued and Served June 25, 2003 Order 03-6-33 Order Approving Complaint | Word After careful consideration of the pleadings and the issues in this case, we have decided to approve the Joint Complaint. We will defer action, at this time, on the issue of sanctions. United States carriers have suffered substantial financial hardship from the fact that, through actions of branches of the Argentine government, U.S. carriers serving Argentina pay, for comparable services, far higher fees at Ezeiza than Aerolineas Argentinas. They have attempted, over a substantial period, to remedy this situation, as has the U.S. government, through numerous dealings with the Argentine government both in Argentina and in Washington, DC, all without positive outcome. In this connection, we do not agree that the complainants must await resolution in the Argentine courts. Under the provisions of 49 U.S.C. 41310 they are entitled now to seek relief, and we as a Government are entitled now to expect the Government of Argentina to honor its obligations under our bilateral agreement. The joint complainants recommend the issuance of a show-cause order that would curtail or suspend the authority of the named Argentine carriers or would impose such other counter-measures as the Department would find in the public interest. We have decided, however, to defer a decision on sanctions at this time. The issue of user charges has been the subject of informal discussions for several months, and we anticipate further discussions. In these circumstances, and taking into account the IATFCPA legislative approach of favoring, under prescribed parameters, negotiated resolution, we believe that the public interest is best served if we defer action at this time on the issue of sanctions while this process continues. By: Michael Reynolds American Airlines, Inc., Federal Express Corporation, United Air Lines, Inc., United Parcel Service Co. against Aerolineas Argentinas, S.A., Air Plus Argentina, S.A., Southern Winds, S.A. and The Government of Argentina Order 03-10-18 Issued and Served October 15, 2003 By this Order, we propose to require Aerolineas Argentinas, S.A. to remit into a U.S. escrow account, on a per flight basis, the difference between what it actually pays for services at Buenos Aires Ezeiza airport and the higher amounts it would be paying if it were not benefitting from discriminatorily favorable treatment vis-à-vis U.S. carriers. By: Michael Reynolds OST-03-15092 - Joint Complaint Under Section 2(b) of the IATFCPA Notice Extending Response Dates On October 15, 2003, the Department issued, and served via email, a show cause order proposing to require Aerolineas Argentinas, S.A. to remit into a U.S. escrow account, on a per flight basis, the difference between what it actually pays for services at Buenos Airlines Ezeiza airport and the higher amounts it would be paying if it were not benefitting from discriminatorily favorable treatment vis-à-vis U.S. carriers. The order afforded interested parties 7 calendar days from the date of service of the order to file comments and 5 calendar days thereafter to submit replies. By: Paul Gretch OST-03-15092 - Joint Complaint Under Section 2(b) of the IATFCPA October 23, 2003 Comments of Aerolineas Argentinas to DOT Order to Show Cause Concerning Sanctions In its Order, the Department proposes to require Aerolineas to remit into a U.S. escrow account the difference between what it actually pays for services at Ezeiza Airport and the higher amounts it would be paying if it were not benefiting from the court-ordered injunction it obtained through its legal challenges to the constitutionality of the Argentine government's decrees. Contrary to the mandates of 49 U.S.C. 41310(c)(1), this proposed sanction would not "eliminate" the foreign government activity that is at the core of this complaint - the dollarization Decree issued by the Argentine Executive branch -- and thus would not constitute an "effective countermeasure." S. Rep. No. 96-329, 96th Cong., 1st Sess., at 5-6, 13 1980 U.S.C.C.A.N. 54, 1979 WL 10388 (Leg. Hist.). Because the Argentine government is not motivated to help Aerolineas, sanctioning Aerolineas will not change the Executive's conduct. The proposed sanctions do not advance the interests of the U.S. carriers in this case. This is not a situation, like the typical cases presented to the Department, in which the foreign government has enacted laws or regulations which favor its own carriers, or has refused to allow a U.S. carrier to service a particular route which competes with its own carriers, or in which the foreign carriers have enlisted the assistance of their government to block U.S. carriers from encroaching on their markets. Counsel: Rosen Weinhaus, John Romans, 212-530-4827
October 23, 2003 Response of Fed Ex to Order to Show Cause FedEx Express is one of the four U.S. carriers which filed the Joint Complaint on May 1, 2003 to open this docket. Without belaboring this pleading with facts which are already well documented in the record, the four complaining U.S. carriers, all of which are designated to serve Argentina pursuant to the U.S.-Argentina bilateral agreement, have been required since early 2002 to pay airport charges, including landing fees, parking fees, and air traffic control fees, approximately three times higher than those paid by the Argentine national carrier, Aerolineas Argentinas, for comparable services. As the Complaint in this Docket establishes, the airport charges in Argentina when calculated according to the methodology applied to carriers other than Aerolineas Argentinas are among the highest in the world, are not cost-based, and are inconsistent with the requirements of both the Chicago Convention and the U.S.-Argentina bilateral agreement. The differentiation in charges payable by Aerolineas Argentinas relative to other carriers serving this market stems from the issuance by the Government of Argentina of a Presidential Decree calling for the airport charges in question to be paid in US Dollars (or in pesos converted at the current market exchange rate of 3 pesos to 1 US dollar), even though the charges were originally denominated in pesos. Aerolineas Argentinas was then granted special relief by the Argentine courts to continue paying these charges in pesos notwithstanding the Presidential Decree - relief that was denied all other carriers. Counsel: Fed Ex, David Short, 901-434-8584
Considerations of fundamental fairness dictate that the sanctions be applied in an appropriate and even handed manner in this case. Likewise, the U.S. Government should treat the carriers of the country of Argentina in a fair and nondiscriminatory manner even as it seeks to impose sanctions in this matter. Such has not been the case when comparing the treatment accorded Southern Winds and Aerolineas. Specifically, Aerolineas has been permitted to increase its level of U.S.-Argentina service since July 15, 2002 when the U.S. placed Argentina in Category 2 under the FAA's International Aviation Safety Assessment program while Southern Winds has continued to have to serve Miami using the expensive wet lease services of another qualified air carrier. The wet lease is costly for Southern Winds to maintain and places the operation of Southern Winds' branded service beyond its direct control. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com OST-03-15092 - Section 41310(c) of International Air Transportation Fair Competitive Practices Act October 28, 2003 Joint Reply of American Airlines, Federal Express, United Air Lines and United Parcel Service The Department is fully warranted in rejecting the pleas of Aerolineas in opposition to the required escrow payment. By requiring Aerolineas to make that payment, the Department will eliminate the discrimination that has been created by the actions of the various branches of the Argentine government. To await the uncertain outcome of appellate proceedings or engage in further bilateral negotiations, as Aerolineas urges, has already proven to be futile, as U.S. carriers have suffered for more than a year a cost disadvantage in the marketplace for their services to Ezeiza. Counsel: Carl Nelson, 202-496-5647, carl.nelson@aa.com for American/ G. Bailey Leopard, 901-434-6664, gbleopard@fedex.com for Federal Express/ Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com for United/ Kelley Drye, David Vaughan, 202-955-9864, dvaughan@kelleydrye.com for UPS October 23, 2003 Comments of The Government of Argentina The Government of the Republic of Argentina cannot but express its strong concern regarding the imposition of a DOT sanction on the Argentine flagship carrier Aerolineas Argentinas. In fact, this measure has been adopted as a result of the above-mentioned injunction imposed by an Argentine court, an injunction that is liable to reversal or replacement. The current state of proceedings clearly shows that the domestic resources available to the Government of Argentina to indemnify any damage alleged by the US companies are very far from being exhausted. The Government of the Republic of Argentina reiterates its constant desire to continue the dialog with the Government of the United States with a view to jointly exploring all courses of action aimed at maintaining the existing cordial relations. By: Argentina
Served October 29, 2003 On October 15,2003, the Department issued a show-cause order in the above-captioned proceeding. Order 2003-10-18. The Government of Argentina has submitted through diplomatic channels comments in response to Order 2003-10-1 8, and we have placed these comments in the above-referenced docket. Interested parties in this proceeding may submit responses to the Government of Argentina’s submission by November 3,2003. For the convenience of the parties, we are attaching to this Notice a copy of the Government of Argentina’s comments. Therefore, acting under authority assigned in 14 CFR 385.3, we establish November 3,2003, as the response date for comments on the submission by the Government of Argentina. By: Paul Gretch OST-03-15092 - Section 41310(c) of International Air Transportation Fair Competitive Practices Act November 3, 2003 This disparate treatment by the Judiciary led to the discriminatory application of the fees that DOT's order to show cause is designed to eliminate. The Argentine Government's note does not deny the existence of this discrimination but urges that the Executive is itself seeking to eliminate it through the courts. But it was the Executive Branch's attempt to overturn the Legislative prohibition against fee increases which set the problem in motion in the first place. Having authorized the increase by decree, it is certainly open to the Executive Branch to rescind or at least suspend the increase by a further decree pending the completion of the judicial review of its actions. Such a rescission or suspension would eliminate the discrimination complained of. Having failed itself to eliminate the discriminatory application of the fee, however, Argentina's Executive Branch can hardly expect the U.S. to withdraw its own measure that is designed to address that problem. In these circumstances, the position of the Argentine Government is entitled to no deference by the United States. Counsel: Carl Nelson, 202-496-5647, carl.nelson@aa.com for American/ G. Bailey Leopard, 901-434-6664, gbleopard@fedex.com for Federal Express/ Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com for United/ Kelley Drye, David Vaughan, 202-955-9864, dvaughan@kelleydrye.com for UPS OST-03-15092 - Section 41310(c) of International Air Transportation Fair Competitive Practices Act November 3, 2003 Comments of Aerolineas Argentinas to the Submission of the Government of Argentina | Word The cataclysmic economic events in Argentina causing wild and sometimes violent demonstrations in the streets, came very close to a revolution. Drastic events resulted in drastic remedies. One of those remedies was Law 25,561. In order to give outraged citizens some temporary protection, utility charges, including airport fees, were effectively frozen. They were to be paid at the old rate as if the peso were still equal to the U.S. dollar (the “One-to-One” rate). Moreover, utilities were forbidden by this law to increase their rates. Law 25,561 continues in effect today. Not surprisingly, each of the parties and governments involved in this dispute views the undisputed facts through its own “tinted glasses” or economic interests. Like the tale of the elephant and the blind men, each of whom touched a different part of the elephant and arrived at differing conclusions about what an elephant was like: that an elephant was like a tree, a snake, a piece of rope, or a large boulder, the various parties involved have derived from the same undisputed facts totally differing conclusions concerning the reasons for making the Decrees. Counsel: Rosen Weinhaus, John Romans, 212-530-4827 Aerolineas Argentinas, S.A. Order 03-11-26 Issued November 19, 2003 | Served November 25, 2003 No party has persuaded us to alter our tentative decision. Indeed, both Aerolineas and the Government of Argentina acknowledge in their submissions that treatment of U.S. carriers and of Aerolineas is different. Although the Executive Branch argues that it is not responsible for and cannot alter a decision of the Argentine judiciary, nevertheless, both the Executive and the Judiciary are components of the Government of the Argentina, and the Government of Argentina is a signatory to an agreement with the Government of the United States which states that “airlines shall not be required to pay charges higher than those paid by airlines of the charging Party. Notwithstanding these circumstances, U.S. carriers have not been given any relief from the higher fees required by the Government of Argentina for U.S. carrier services at Ezeiza, and Aerolineas continues to be afforded special treatment so that it pays lesser fees for services to Ezeiza. We have no basis to conclude, either from the record in this proceeding or from diplomatic communications, that the Government of Argentina will be taking any immediate action to eliminate the disparate treatment or otherwise provide relief to the complainant U.S. carriers. We have concluded that our announced countermeasure would constitute effective and proportionate relief in the circumstances presented. By: Michael Reynolds OST-03-15092 - Section 41310(c)(2) International Air Transportation Fair Competitive Practices Act, as amended December 3, 2003 Correspondence of John Romans - Counsel for Aerolineas Argentinas In reference to your statement that you are now stopping all work on a U.S. escrow agreement', I note that the escrow agreement requirement is set forth in Order 2003-11-26. Should you wish relief from any of the requirements of Order 2003-11-26, you may file a request in Docket OST-2003-15092, with service on all parties. We would ask that you accompany any such request with a copy of the Argentine court decision. Absent Department action on such a request, the requirements of Order 2003-11-26 remain in effect. By: John Romans Order 03-12-7 Issued and Served December 5, 2003 The copy of the court decision relied upon by Aerolineas Argentinas in support of its motion was provided to us exclusively in Spanish. The parties to this proceeding should be accorded the opportunity to review a full English-language version of a court document that Aerolineas Argentinas itself regards as the basis for its motion before they would be required to submit comments. Furthermore, we ourselves would be unable to fully weigh the merits of Aerolineas Argentinas’ arguments and any responses thereto, absent a complete translation into English of the material attached to the Motion. We, accordingly, look to Aerolineas Argentinas to provide an English translation of the document attached to its Motion. If and when it does so, we will then establish procedures for responsive comments. Our final order in this proceeding, Order 2003-11-26, required Aerolineas Argentinas to submit to the Department evidence that it had established an escrow account with a U.S. bank, that it had an escrow agent, and that it had an agreement among the bank, agent and carrier. This material was to have been submitted by December 5, 2003. In the circumstances presented, we will accord Aerolineas Argentinas one additional business day (i.e. until Monday, December 8, 2003), to submit these materials. We direct Aerolineas Argentinas to submit the documentation required by Order 2003-11-26 no later than Monday, December 8, 2003 By: Michael Reynolds
December 4, 2003 Motion of Aerolineas Argentinas for Stay in Proceeding Hereby moves for a stay of the proceedings in this matter because of the recent decision issued by the Argentine Federal Court of Appeals Sala II, dated November 27, 2003, and served upon Aerolineas on December 3, 2003, copy attached hereto. As discussed below that decision orders Aerolineas to pay the difference between what it did pay and the full "3-for-1" rate paid by U. S. air carriers including all amounts not paid in the past. Attachment: Argentine Federal Court of Appeals Sala II, Nov 27, 2003 (Spanish) Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Section 41310(c)(2) International Air Transportation Fair Competitive Practices Act, as amended December 8, 2003 Motion of Aerolineas Argentinas to File Escrow Agreement | Word Respectfully requests leave to file, pursuant to the Department's Orders 2003-11-26 and 2003-12-7, the escrow agreement pertaining to the established escrow account for the approval of the Department. A copy of that agreement is attached hereto. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com
December 9, 2003 Notice of Aerolineas Argentinas of Filing of Translation of Decision In accordance with Order 2003-12-7, Aerolineas Argentinas will file an English translation of the decision of the Argentine court previously filed in Spanish, served on or before December 12, 2003. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Joint Complaint Under Section 2(b) of the IATFCPA December 12, 2003 Notice of Filing Translation of Decision Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@LRJWlaw.com OST-03-15092 - Section 41310(c) of The International Air Transportation Fair Competitive Practices Act December 12, 2003 Notice of Aerolineas Argentinas of the Need to File Additional Material Further to the filing, earlier the afternoon, of the translations of the two decisions of Sala II, I have just noticed that a short "clarification" filed by the Sala II court of it's decision in the Lufthansa case, dated February 20, 2003, was not translated and included with the Lufthansa decision. I do not think that the clarification would have any bearing on the issues before the Department in this proceeding. However, I apologize for the omission and will have it translated and filed with all deliberate speed. Counsel: Rosen Wenihaus, John Romans, 212-530-4827, jromans@lrjlaw.com
Served December 15, 2003 By Order 2003-11-26, in the above-captioned docket, the Department required Aerolineas Argentinas, among other things, to remit into a U.S. escrow account, on a per-flight basis, the difference between what it actually pays for services at Buenos Aires Ezeiza airport and the higher amounts it would be paying if it were not benefiting from discriminatorily favorable treatment vis-à-vis U.S. carriers. Under the terms of the order, by December 5, 2003, Aerolineas Argentinas was to provide the Department evidence of the establishment of an escrow account, the retaining of an escrow agent, and an agreement among the carrier, the bank and the agent for Department approval. On December 4, 2003, Aerolineas Argentinas filed a motion to stay of all proceedings in this matter. It states that it is doing so "because of the recent decision issued by the Argentine Federal Court of Appeals Sala H, dated November 27, 2003, and served upon Aerolineas on December 3, 2003, a copy attached hereto." The copy of the court decision relied upon by Aerolineas Argentinas in support of its motion was provided to us exclusively in Spanish. On December 5, 2003, we issued an order (Order 2003-12-7) stating that upon receipt of the English translation of that decision, we would establish a procedural schedule for comment on the motion to stay. On December 12, 2003, Aerolineas Argentinas filed the English translation of the Argentine court decision. Order 2003-12-7 also extended the deadline for submitting the escrow materials until December 8, 2003. On December 8, 2003, Aerolineas Argentinas filed an escrow agreement under cover of a motion for leave to file. Under the Department's regulations (I4CFR 302.11(c)), answers to this motion are due December 17, 2003. By: Paul Gretch OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act December 17, 2003 Notice of Aerolineas Argenitnas Filing Translation of Decision Further to the Notice filed by Aerolineas Argentinas S.A., on December 12, 2003, attached is a translation of a short "clarification" filed by the Sala II court of it's decision in the Lufthansa case, dated February 20, 2003. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com
December 17, 2003 Answer of Joint Complainants to Motions of Aerolineas Argentinas On December 5, 2003, Aerolineas filed what purports to be a U.S. escrow agreement as required by Order 2003-11-26. On December 12, 2003, Aerolineas filed an English translation of an Argentine court order as required by Order 2003-12-7. As we show below, the U.S. escrow agreement submitted by Aerolineas fails to comply with Order 2003-11-26, and the Argentina court order cannot be allowed to supplant the U.S. escrow remedy imposed by Order 2003-11-26. Unless Aerolineas immediately brings itself into compliance with Order 2003-11-26, Aerolineas' operating rights to serve the United States should be curtailed. The Department's requirement that Aerolineas pay the difference in landing fees into a properly‑constituted U.S. escrow account is the minimal step the United States Government could take to remedy the discrimination against the Joint Complainants. The Department chose not to make the escrow payments retroactive, which further favored Aerolineas. Under the Department's order, the disposition of the escrowed funds is controlled by the U.S. Government. Counsel: Carl Nelson, 202-496-5647, carl.nelson@aa.com for American/ G. Bailey Leopard, 901-434-6664, gbleopard@fedex.com for Federal Express/ Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com for United/ Kelley Drye, David Vaughan, 202-955-9864,dvaughan@kelleydrye.com for UPS OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act December 19, 2003 Motion of Aerolineas Argentinas for Leave to File Late Reply The weakness of the Answer of the Joint Complainants is demonstrated by their resort to "purple prose" without the addition of any factual basis to support those offensive statements directed not only at Aerolineas, but also the Government of Argentina. For example, Joint Complainants state that "Aerolineas struck a deal" with the Argentine Appellate Court. Aerolineas "attempts to derail and defy" and "shows contempt" for the Department's Order 2003.11.26. Aerolineas "has now come forward with an arrangement" which is a subterfuge". And Aerolineas is "Attempt[ing] to escape" from the escrow requirement. Counsel: Rosen Weinhaus, John Romans, 212-530-4827 OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act Served December 22, 2003 On November 19, 2003, the Department issued a final order in this proceeding (Order 2003-11-26). On December 4, 2003, Aerolineas Argentinas filed a motion to stay all proceedings. On December 15, 2003, the Department issued a notice calling for answers to be filed by December 17, 2003, and replies by noon, December 19, 2003. On December 19, 2003, the Government of Argentina submitted comments requesting that we rescind our decision. Interested parties may submit responses before December 29, 2003. By: Paul Gretch OST-03-15092 - Section 41310(c)(2) of the International Air Transportation Fair Competitive Practices Act December 24, 2003 Comments of Joint Complainants Although both Aerolineas and the GOA are relying on Argentine court orders of November 27, 2003, to request reversal of DOT's actions herein, neither of them mentions that Aerolineas has filed motions in Argentina seeking reversal of those court orders. The bases offered for that reversal are, inter alia, that neither Aerolineas, Aeropuertos 2000 nor the Argentine Air Force had requested the Court to establish an escrow account in Argentina in which to deposit a portion of the higher fee that Aerolineas was required to pay. More fundamentally, Aerolineas urges that recent legislation (law 25820) issued December 4, 2003, and currently in effect, has effectively revoked Decree 577 and Decree 1910 on which the increased airport fees were purportedly based. Given the continuing uncertainties and contradictions arising from various matters being litigated in the Argentine courts, it is all the more important for the Department to finalize its own action and require Aerolineas to pay the required amounts into an escrow account under the Department's jurisdiction. The Joint Complainants are continuing to pay an amount for airport services in Buenos Aires that is three times higher than Aerolineas, their primary foreign flag competitor. Aerolineas is meanwhile taking actions in the Argentine courts aimed at assuring the continuation of its competitive advantage. The Department can end this discriminatory advantage only by implementing the escrow payments it has directed in its previous orders that Aerolineas establish. Should actions by an Argentine court or government agency result in the duplicative payments against which Aerolineas complains, Aerolineas can apply to that court or agency for appropriate relief. Counsel: Carl Nelson, 202-496-5647, carl.nelson@aa.com for American/ Federal Expess, David Short, 901-434-8584, dshort@fedex.com / Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com for United/ Kelley Drye, David Vaughan, 202-955-9864,dvaughan@kelleydrye.com for UPS Aerolineas Argentinas, S.A. Order 04-1-15 Issued and Served January 15, 2004 We have reviewed the submissions of the Government of Argentina, Aerolineas, and responses by the Joint Complainants and have decided to deny the carrier’s request for a stay of this proceeding. The record indicates that Aerolineas is in fact seeking reversal of the very Argentine court orders that the carrier relies on as a basis for requesting a stay of our proceedings. Furthermore, we have been advised through diplomatic channels that, notwithstanding the Argentine court orders cited to us by the carrier, Aerolineas has yet to pay the Buenos Aires airport fees as evidently ordered by the Argentine court. Against this background, we deny the request of Aerolineas for a stay of this proceeding and direct Aerolineas to comply fully with Order 2003-11-26. We have reviewed the escrow agreement originally filed on December 8 and the modification of that agreement as filed on December 19, 2003. We have decided to approve the agreement as modified. In accordance with the Terms and Conditions for Escrow Payment appended to Order 2003-11-26, Aerolineas is required within 10 days from the date of this order to begin paying into the U.S. escrow account. Aerolineas shall also provide summaries of its operations and payments into the escrow account as set forth in the Appendix to Order 2003-11-26. Failure to comply with this order or any other Department order will subject Aerolineas to enforcement action, which could include, among other things, the assessment of civil penalties. By: Karan Bhatia OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act January 26, 2004 First Escrow Deposit Report | Word On January 26, 2004 Aerolineas Argentinas, S.A. is making its first deposit into the escrow account. Because Aerolineas has not yet received the bill from Aeropuertos 2000 for last week, Aerolineas is making the payment on an estimated basis. Upon receiving the actual report from Aeropuertos 2000, Aerolineas will file an amended report giving exact flight data and the precise amount owed. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act Re: Letter from Paul Gretch to Counsel for Aerolineas Argentinas During a January 26 telephone call with Dayton Lehman, Deputy Assistant General Counsel for Aviation Enforcement and Proceedings, you sought clarification of what was required to be submitted in view of the fact that Aerolineas had not as of that date received an invoice for the prior week's flights. You indicated that the carrier was able only to estimate, based on prior invoices received, the total amount it owed and that it would, for good measure, deposit into the escrow account an amount in excess of its estimate. Mr. Lehman suggested that this would be acceptable if, with the carrier's submission, it explained the basis for its estimate and that an amended summary would be provided after receipt of the invoice, which amended summary would reconcile any difference between the estimated amount and that actually owed. The carrier not only failed to provide in its submission a day-to-day account of its U.S.- Argentina operations and the basis for the amount of money deposited into the escrow, but it failed even to state the amount of money deposited into that account. By: Paul Gretch January 30, 2004 Re: Email from Counsel of Aerolineas Argentinas In partial answer to your letter of January 28, 2004, please be advised that on January 26, Aerolineas wired $20,000 to the escrow account. The bank's confirmation of the arrival of the funds is attached hereto.
Re: Email from Counsel of Aerolineas Argentinas Yesterday I attached a statement from the escrow bank acknowledging the deposit of U.S $20,000 into the escrow on January 26, 2004. I now enclose an excel attachment containing two spread sheets, one for estimated payments to Aeropuertos 2000 and one for estimated payments to the Argentine air force. The original estimate was calculated on the bases of estimated airport charges of about $16,000 to $18,000, and Aerolineas deposited U.S. $20,000. This finer estimate is in the amount of US, $18,176.83. In the process, Aerolineas realized that the first estimate did not include the FAA charges of what is estimated to be about U.S. $11,348.10. Therefore, Aerolineas is depositing an additional $15,000 today into the escrow making the total escrow amount $35,000 to more then cover the estimated total amount of $29,524.93. Counsel: Rosen Weinhaus, John Romans, 212-530-4827 OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina January 31, 2004 By: North Bank OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act February 2, 2004 Re: First Escrow Deposit - Third Report Further to my prior two reports, attached is evidence of our second deposit, bringing the escrow to $35,000. Counsel: Rosen Weinhaus, John Romans OST-03-15092 - Section 41310(c) of International Air Transportation Fair Competitive Practices Act February 4, 2004 Re: Documentation From Escrow Bank Attached is documentation from the escrow bank documenting the second weekly estimated deposit and showing a balance of $64,655.94. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Section 41310(c) of International Air Transportation Fair Competitive Practices Act February 9, 2004 Attached is the detailed summary for this Third Escrow Deposit. See also documentation from the depository bank, North Fork Bank, that today Aerolineas made a deposit into the escrow of U.S. $28,702.07, for a total escrow balance of $93,343.01. Please note that the document showing the estimated "two peso" charges of Aeropuertos 2000 and the combined total when adding the deposit for the Argentine FAA, states, in error, that it is for the week January 26 February 1; it should state that it is for the week February 2 -February 9. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act February 17, 2004 Re: First Escrow Deposit - Fourth Report Attached is the detailed summary for the Fourth Escrow Deposit for the week ending February 15. Documentation from the depository bank, North Fork Bank, that today Aerolineas made a deposit into the escrow of U.S. $30,458.91, for a total escrow balance of $123,801.92. will be sent when received from the bank. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act February 18, 2004 Re: Documentation from Depository Bank Attached is documentation from the depository bank, North Fork Bank, that on February 17, 2004 Aerolineas made a deposit into the escrow account of U.S. $3045891, for a total escrow balance, including interest, of $123,816.92. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act February 23, 2004 Re: Fifth Escrow Deposit Report for Week of Feb 16-22 Attached is the FIFTH Escrow Deposit detailed summary for the week ending February 22. Documentation from the depository bank, North Fork Bank, that today Aerolineas made a deposit into the escrow of U.S. $22,721.45, will be sent when received from the bank. You will notice that the amount due has been adjusted to reflect the fact that the First Aerolineas estimated payment was higher than the actual amount due, when compared with the bills received from the Argentine FAA and Aeropuertos 2000, by the amount of U.S. $5,913.84. As shown, that amount has be deducted from this fifth report. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act February 24, 2004 Re: Fifth Escrow Deposit Report for Week of Feb 9-15 Please note that the e‑mail sent to you a few minutes ago should not have said for the week February 9 to 15 but have said for the week of February 16 through 22. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Joint Complaint Under Section 2(b) of the IATFCPA February 29, 2004 North Fork Bank Money Market Account By: North Fork Bank, Union Square, New York City OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act March 1, 2004 Re: Sixth Escrow Deposit Report Attached is the Sixth Escrow Deposit detailed summary for the week ending February 29. Documentation from the depository bank, North Fork Bank, that today Aerolineas made a deposit into the escrow of U.S. $28,254.85, will be sent when received from the bank. You will notice that the amount due has been adjusted to reflect the fact that the Aerolineas estimated payment was higher than the actual amount due, when compared with the bills received from the Argentine FAA and Aeropuertos 2000, by the amount of U.S. $330.69. As shown, that amount has be deducted from this sixth report. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina March 2, 20004 Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com March 8, 2004 Re: Seventh Escrow Deposit Report Attached is the SEVENTH Escrow Deposit detailed summary for the week ending March 7, 2004. Documentation from the depository bank, North Fork Bank, that today Aerolineas made a deposit into the escrow of U.S. $32,621.88 will be sent when received from the bank. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com
March 16, 2004 Re: Eighth Escrow Deposit Report Attached is the EIGHTH Escrow Deposit detailed summary and Bank Documentation for the week ending March 14, 2004. Aerolineas made a deposit into the escrow of U.S. $32, 594.01 for total escrow amount of $240,040.80. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act March 22, 2004 Re: Ninth Escrow Deposit Report Attached is the NINTH Escrow Deposit detailed summary and Bank Documentation for the week ending March 21, 2004. Aerolineas made a deposit into the escrow of U.S. $32420.59, PLUS $14,078.19 representing the combined additions to the estimated reports for the prior four reports, numbers Five through Eight, for total deposit this week of $46,498.78, and a total escrow amount of $286,539.58. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act March 29, 2004 Re: Tenth Escrow Deposit Report Attached is the TENTH Escrow Deposit detailed summary for the week ending March 28, 2004, Aerolineas made a deposit into the escrow of U.S. $33,167.33. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act March 30, 2004 Re: Escrow Deposit Documentation Week of March 29, 2004 Attached is documentation from the depository bank, North Fork Bank, that on March 29, 2004 Aerolineas made a deposit into the escrow account of U.S. $33,167.33, for a total escrow balance, including interest, of $319,706.91. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act April 6, 2004 Re: Eleventh Escrow Deposit Report Attached is the ELEVENTH Escrow Deposit detailed summary for the week ending April 4, 2004. Aerolineas made a deposit into the escrow of U.S. $31,080.37. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act April 7, 2004 Re: Eleventh Escrow Deposit Bank Documentation Bank Documentation from North Fork Bank. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act April 13, 2004 Escrow Account Deposit for the Week of April, 5th through April, 11th Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act April 14, 2004 North Fork Bank Business Money Market Account Statement Ending balance of $319,785.25 By: North Fork Bank OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act April 19, 2004 Re: Thirteenth Escrow Deposit Report Attached is the THIRTEENTH Escrow Deposit detailed summary for the week ending April 18, 2004. Aerolineas made a deposit into the escrow of U.S. $36,610.26. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act April 20, 2004 Attached is the THIRTEENTH Escrow Deposit DOCUMENTATION for the week ending April 18, 2004. Aerolineas made a deposit into the escrow of U.S. $36,610.26 for a total escrow amount of $418,294.61. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act April 26, 2004 Re: Fourteenth Escrow Deposit Report and March Adjustments Attached is the FOURTEENTH Escrow Deposit detailed summary for the week ending April 25, 2004. Aerolineas made a deposit into the escrow of U.S. $36,851.15, for the estimated report for the week ending April 25, PLUS $19,579.09 representing the combined adjustments to the estimated reports for the prior four reports, numbers Seven through Ten, for total deposit this week of $56,430.24. Details of the adjustments made to the estimated reports Seven through Ten, covering the weeks ending March 7 through March 28 filed previously, are detailed in the enclosed adjusted reports attached to this fourteenth report attached hereto. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act April 28, 2004 Re: Fourteenth Escrow Deposit Bank Documentation Attached is the FOURTEENTH Escrow Deposit DOCUMENTATION for the week ending April 25, 2004. Aerolineas made a deposit into the escrow of U.S. $56,430.24 for a total escrow amount of $474,724.85. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Section 41310(c)(2) International Air Transportation Fair Competitive Practices Act, as amended May 3, 2004 Re: Fifteenth Escrow Deposit Report Attached is the FIFTEENTH Escrow Deposit detailed summary for the week ending May 2, 2004. Aerolineas made a deposit into the escrow of U.S. $36,787.74 Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Section 41310(c)(2) International Air Transportation Fair Competitive Practices Act, as amended
May 5, 2004 Re: Fifteenth Escrow Deposit Documentation Attached is the FIFTEENTH Escrow Deposit DOCUMENTATION for the week ending May 2, 2004. Aerolineas made a deposit into the escrow of U.S. $36,787.74 for a total escrow amount of 511,623.88. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com
May 5, 2004 Motion to Change the Escrow Report Filing Day from Monday to Wednesday For the reasons discussed below, Aerolineas Argentinas, S.A. requests leave to change the day of the week, to file escrow deposit reports and bank documentation from a filing date of the subsequent Monday to a filing date of the subsequent Wednesday. Deposits will continue to be made on Mondays. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Section 41310(c)(2) International Air Transportation Fair Competitive Practices Act, as amended May 10, 2004 Re: Sixteenth Escrow Deposit Report Attached is the SIXTEENTH Escrow Deposit detailed summary for the week ending May 9, 2004. Aerolineas made a deposit into the escrow of U.S. $37,143.89 Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Section 41310(c)(2) International Air Transportation Fair Competitive Practices Act, as amended May 13, 2004 Re: Sixteenth Escrow Deposit Report Attached is the SIXTEENTH Escrow Deposit DOCUMENTATION for the week ending May 9, 2004. Aerolineas made a deposit into the escrow of U.S. $37,143.89 for a total escrow amount of $548782.77. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act May 17, 2004 Re: Seventeenth Escrow Deposit Report Attached is the SEVENTEENTH Escrow Deposit detailed summary for the week ending May 16, 2004. Aerolineas made a deposit into the escrow of U.S. $37,284.37 Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Section 41310(c)(2) International Air Transportation Fair Competitive Practices Act, as amended May 19, 2004 Re: Seventeenth Escrow Deposit Report Attached is the SEVENTEENTH Escrow Deposit DOCUMENTATION for the week ending May 16, 2004. Aerolineas made a deposit into the escrow of U.S. $37,284.37for a total escrow amount of $586,052.14. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act May 26, 2004 Re: Motion to File Late - Eighteenth Escrow Deposit Report As discussed last Monday with Jeffrey Gaynes, our scanner was not operating last Monday and was not expected to be repaired until today. This made the making and filing of the customary reports difficult. For this reason, Aerolineas requests permission to file this report two days late. Attached is the EIGHTEENTH Escrow Deposit detailed summary, Documentation, and APRIL ADJUSTMENTS for the week ending May 23, 2004. Aerolineas made a deposit into the escrow of U.S. $29,659.26, for the week ending May 23, PLUS $22,731.71 representing the combined adjustments to the four estimated reports, numbers Eleven through Fourteen, covering weeks ending April 4 through April 25, for total deposit this week of $42,678.96, and for a total escrow amount of $628,731.10. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Section 41310(c)(2) International Air Transportation Fair Competitive Practices Act, as amended April 30, 2004 By: North Fork Bank OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act June 1, 2004 Re: Nineteenth Escrow Deposit Report Attached is the NINETEENTH Escrow Deposit detailed summary for the week ending May 30, 2004. Aerolineas made a deposit into the escrow of U.S. $19,521.80. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com
Order 04-06-01 Issued and Served June 1, 2004 We will grant Aerolineas Argentinas' motion. We find that allowing the carrier to change the day of filing will alleviate the necessity of the carrier's presenting submissions on more than one day per week for the activities of the preceding week and is in the public interest. We will, therefore, amend the filing requirement as requested by Aerolineas Argentinas so as to allow summaries of its activities and accompanying documentation supporting the accuracy of its payments to the escrow account being filed no later than 5:00 p.m. local time on each Wednesday for the prior week with the U.S. Department of Transportation. By: Karan Bhatia OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act June 7, 2004 Re: Nineteenth Escrow Deposit Documentation Attached is the NINETEENTH Escrow Deposit DOCUMENTATION for the week ending May 30, 2004. Aerolineas made a deposit into the escrow of U.S. $19,521.80 for a total escrow amount of $648,443.08. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act June 9, 2004 Re: Twentieth Escrow Deposit Report Attached is the TWENTIETH Escrow Deposit REPORT and DOCUMENTATION for the week ending June 6, 2004. Aerolineas made a deposit into the escrow of U.S. $24,301.30 for a total escrow amount of $672,744.38. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act June 16, 2004 Re: Twenty First Escrow Deposit Report and Documentation Attached is the TWENTY FIRST Escrow Deposit REPORT and DOCUMENTATION for the week ending June 13, 2004. Aerolineas made a deposit into the escrow of U.S. $24,312.95 for a total escrow amount of $697,057.33. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act June 16, 2004 North Fork Bank Report - Statement Ending 5/31/04 Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act June 17, 2004 Motion to Suspend the Payments because of Certain "Discounts" from Normal Charges Benefitting, but Undisclosed by Two or More of the Complaining Airlines | Word Aerolineas has recently discovered evidence that two or more of the complaining airlines have not been paying the standard airport charges set by the government. Having entered into a special deal with the airport they have received significant discounts from the normal charges. The precise amount and duration of these discounts is currently unknown to Aerolineas. However, these discounts may be in the area of $175,000 per month. These discounted charges result in discriminatory treatment in favor of the benefiting U.S. air carriers that are now charged much less than Aerolineas for the same services. Aerolineas is not receiving any discounts. As discussed in detail in Aerolineas’ Comments to DOT Order to Show Cause Concerning Sanctions dated October 23, 2003, pages 4-6, and not denied by the complaining U.S. air carriers, the Government of Argentina and Aeropuerto 2000 are adverse to Aerolineas. Not only is Aeropuerto 2000 not giving Aerolineas discounts, but the Argentine government is subsidizing an Aerolineas competitor, Southern Winds, by paying some of Southern Wind’s fuel costs and even some of its employee costs. Id. at 5. The complaining U.S. air carriers do not dispute these facts. They substantiate them by giving the reason for the discrimination against Aerolineas. The joint complaining U.S. air carriers note that an “owner of Southern Winds also has a substantial ownership interest in Aeropuertos 2000, which in turn owns, inter alia, Ezeiza Airport.” (Airlines Joint Reply dated May 21, 2003, p. 6, n. 2.) Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act June 23, 2004 Re: Twenty-Second Escrow Deposit Report Attached is the TWENTY SECOND Escrow Deposit REPORT, DOCUMENTATION, and MAY ADJUSTMENTS for the week ending June 20, 2004. Aerolineas made a deposit into the escrow of U.S. $23,770.34 for the week ending June 20, PLUS $4,272.73 representing the combined adjustments to the five estimated reports, numbers Fifteenth through Nineteenth, covering weeks ending May 3 through May 30, for a total escrow amount of $725,100.40. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com June 28, 2004 Re: Answer of American Airlines American Airlines, Inc. hereby answers in opposition to the motion submitted in this docket on June 18, 2004 by Aerolineas Argentina, S.A. seeking to suspend its weekly payments into the escrow account required by Order 2003-11-26, November 25, 2003. In its motion, Aerolineas has asked for suspension of the escrow requirement, alleging that "two or more of the complaining airlines" have benefitted from certain "discounts" at EZE, supposedly valued "in the area of $175,000 per month" and not disclosed to the Department. Aerolineas' motion is without merit, and the relief Aerolineas is seeking should be denied. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
June 28, 2004 The Aerolineas Argentinas Motion is based on statements reportedly made at a meeting of the organization of airlines operating in Argentina, by persons none of whom were employees or representatives of FedEx Express, suggesting that discounts from published pricing for airport services may have been available. It does not reference any statements from any FedEx Express employee or representative, nor does it specifically allege that FedEx Express has received any discount from the published pricing for the services in question. Nonetheless, the Motion asserts that "two or more" of the joint complaining airlines are receiving discounted pricing ‑ thus implying that FedEx Express may be benefiting from such a discount, and necessitating this response. Counsel: FedEx, David Short, 901-434-8584, dshort@fedex.com
June 28, 2004 Re: Answer of United Air Lines Aerolineas's Motion borders on the frivolous and should be denied. In the first place, Aerolineas falsely claims that it "is not receiving any discounts" for airport services at Ezeiza. In fact, as has been detailed in DOT's previous orders in this proceeding, Aerolineas is paying only 113 the amount paid by U.S. carriers for services at Ezeiza. That discount is much larger than Aerolineas even alleges to have been accorded to U.S. carriers. It was to remedy that discriminatory discount that DOT imposed the requirement that Aerolineas pay into a U.S. escrow account the difference between the fees it paid at Ezeiza for its services to the U.S. and those paid by U.S. carriers Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmer.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act June 29, 2004 Re: Twenty Third Escrow Deposit Report and Documentation Attached is the TWENTY THIRD Escrow Deposit REPORT and DOCUMENTATION for the week ending June 27, 2004. Aerolineas made a deposit into the escrow of U.S. $24,267.22 for a total escrow amount of $749,367.62. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act July 7, 2004 Re: Twenty Fourth Escrow Deposit and Documentation Attached is the TWENTY FOURTH Escrow Deposit REPORT and DOCUMENTATION for the week ending July 4, 2004. Aerolineas made a deposit into the escrow of U.S. $24,272.40 for a total escrow amount of $773,866.14. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act July 14, 2004 Re: Twenty-Fifth Escrow Deposit Report and Documentation Attached is the TWENTY FIFTH Escrow Deposit REPORT and DOCUMENTATION for the week ending July 11, 2004. Aerolineas made a deposit into the escrow of U.S. $29,989.97 for a total escrow amount of $803,856.11. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com June 30, 2004 By: North Fork Bank
July 20, 2004 Re: Twenty Sixth Escrow Deposit Report and Documentation Attached is the TWENTY SIXTH Escrow Deposit REPORT and DOCUMENTATION for the week ending July 18, 2004. Aerolineas made a deposit into the escrow of U.S. $29,930.51 for a total escrow amount of $833,786.62. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act July 22, 2004 Re: Completion of Investigation United Parcel Service Co. has completed its investigation into whether it receives any form of discount on the landing fees it pays at the Ezeiza International Airport in Buenos Aires, Argentina, and hereby advises the Department of Transportation that it does not receive, and has not received, any such discounts in the period relevant to this proceeding. UPS requests that this letter be placed in the correspondence file and considered in this proceeding, and, to the extent the Department considers necessary, that it be received as an unauthorized document. Counsel: Kelley Drye, David Vaughan, 202-955-9792, dvaughan@kelleydrye.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act July 28, 2004 Re: Twenty Seventh Escrow Deposit Report Attached is the TWENTY SEVENTH Escrow Deposit REPORT, DOCUMENTATION, and JUNE ADJUSTMENTS for the week ending JULY 25, 2004. Aerolineas made a deposit into the escrow of U.S. $30,924.38 for the week ending June 20, PLUS $8,217.51 representing the combined adjustments to the five estimated reports, numbers Twentieth through Twenty Third, covering weeks ending June 6 through June 27, for a total escrow amount of $872,928.51. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act August 4, 2004 Re: Twenty Eighth Escrow Deposit Report and Documentation Attached is the TWENTY EIGHTH Escrow Deposit REPORT and DOCUMENTATION for the week ended August 2, 2004. Aerolineas made a deposit into the escrow of U.S. $30,948.70 for a total escrow amount of $904,135.89. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com Aerolineas Argentinas, S.A. Order 04-08-04 Issued and Served August 9, 2004 By this Order, we deny the Motion of Aerolineas Argentinas, S.A. to suspend the payments of Aerolineas into an escrow account and deny the request to order the complainants in this case to submit additional documentation. In response to Aerolineas' Motion, the U.S. carriers serving Argentina have stated they have received no discounts in the amounts alleged by Aerolineas, and we find that the record in this proceeding supports the position of the U.S. carriers. Indeed, contrary to assertions by Aerolineas, it is apparent in the record before us that Aeropuertos 2000 offered an incentive to all airlines beginning new services or upgrading their existing services with larger aircraft for a temporary time only. While American acknowledges that it took advantage of this incentive, the incentive was available to any other airline meeting the conditions of the incentive. American's acceptance of this incentive in no way alters the fact that all U S airlines serving Argentina, including American, have been discriminated against in terms of airport fees at Ezeiza airport by a three to one ratio per flight. As noted by the U.S. carriers, Aerolineas has not demonstrated how it arrived at the $175,000 alleged monthly discount to U.S. carriers. By: Karan Bhatia Order 04-08-04 Issued and Served August 9, 2004 Corrected Order Denying Motion | Word The first full paragraph on page 3 has been corrected to refer to "Aeropuertos 2000" rather than "Aerolineas 2000." By: Karan Bhatia OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act August 11, 2004 Re: Twenty Ninth Escrow Deposit Report Attached is the TWENTY NINTH Escrow Deposit REPORT and DOCUMENTATION for the week ending AUGUST 8, 2004. Aerolineas made a deposit into the escrow of U.S. $25,625.81 for a total escrow amount of $929,761.70. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act July 31, 2004 By: North Fork Bank OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act August 18, 2004 Re: Thirtieth Escrow Deposit Report and Documentation Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act August 24, 2004 Re: Thirty First Escrow Deposit Report and Documentation Attached is the THIRTY FIRST Escrow Deposit REPORT and DOCUMENTATION for the week ending AUGUST 22, 2004. Aerolineas made a deposit into the escrow of U.S. $25,517.65 for a total escrow amount of $980,852.48. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act August 31, 2004 Re: Thirty Second Escrow Deposit Report, Documentation, and July Adjustments Attached is the THIRTY SECOND Escrow Deposit REPORT, DOCUMENTATION, and JULY ADJUSTMENTS for the week ending AUGUST 29, 2004. Aerolineas made a deposit into the escrow of U.S. $25,488.76 for the week ending August 29, PLUS $8,079.01 representing the combined adjustments to the four estimated reports, numbers Twenty Fourth through Twenty Seventh, covering weeks ending July 4 through July 25, for a total escrow amount of $1,014,420.25. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act September 15, 2004 Re: Thirty Fourth Escrow Deposit Report and Documentation Attached is the THIRTY FOURTH Escrow Deposit REPORT and DOCUMENTATION for the week ended September 12, 2004. Aerolineas made a deposit into the escrow of U.S. $25,468.95 for a total escrow amount of $1,059,933.52. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act September 22, 2004 Re: Thirty-Fifth Escrow Deposit Report Attached is the THIRTY FIFTH Escrow Deposit REPORT and DOCUMENTATION for the week ended September 19, 2004. Aerolineas made a deposit into the escrow of U.S. $24,833.76 for a total escrow amount of $1,084,767.28. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act September 23, 2004 By: North Fork Bank OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act September 30, 2004 Re: Thirty-Sixth Escrow Deposit Report and Documentation Attached is the THIRTY SIXTH Escrow Deposit REPORT and DOCUMENTATION for the week ended September 26, 2004. Aerolineas made a deposit into the escrow of U.S. $22,723.87 for a total escrow amount of $1,107,491.15. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act October 6, 2004 Re: Thirty Seventh Escrow Deposit Report, Documentation, and August Adjustments Attached is the THIRTY-SEVENTH Escrow Deposit REPORT, DOCUMENTATION, and AUGUST ADJUSTMENTS for the week ended October 3, 2004. Aerolineas made a deposit into the escrow of U.S. $24,804.49 for the week ended October 3, 2004, LESS U.S. $6,787.43 representing the combined adjustments to the five estimated reports, numbers Twenty Eighth through Thirty-Second, covering weeks ending August 1 through August 29, for a total escrow amount of U.S. $1,125,857.03. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act October 13, 2004 Re: Thirty-Eighth Escrow Deposit Report and Documentation Attached is the THIRTY-EIGHTH Escrow Deposit REPORT and DOCUMENTATION for the week ended October 10, 2004. Aerolineas made a deposit into the escrow of U.S. $24,748.24 for a total escrow amount of $1,150,605.27. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com September 30, 2004 By: North Fork Bank
October 20, 2004 Re: Thirty Ninth Escrow Deposit Report and Documentation Attached is the THIRTY‑NINTH Escrow Deposit REPORT and DOCUMENTATION for the week ended October 17, 2004. Aerolineas made a deposit into the escrow of U.S. $24,753.26 for a total escrow amount of $1,175,358.53. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act October 27, 2004 Re: Fortieth Escrow Deposit Report and Documentation Attached is the FORTIETH Escrow Deposit REPORT and DOCUMENTATION for the week ended October 24, 2004. Aerolineas made a deposit into the escrow of U.S. $24,705.80 for a total escrow amount of $1,200,064.33. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act November 2, 2004 Re: Forty-First Escrow Deposit Report and Documentation Attached is the FORTY-FIRST Escrow Deposit REPORT and DOCUMENTATION for the week ended October 31, 2004. Aerolineas made a deposit into the escrow of U.S. $24,753.26 for a total escrow amount of $1,225,209.65. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act November 10, 2004 Re: Forty-Second Escrow Deposit Report, Documentation, and September Adjustments Attached is the FORTY-SECOND Escrow Deposit REPORT, DOCUMENTATION, and SEPTEMBER ADJUSTMENTS for the week ended November 7, 2004. Aerolineas made a deposit into the escrow of U.S. $19,641.31 for the week ended November 7, 2004, PLUS U.S. $1,821.04 representing the combined adjustments to the four estimated reports, numbers Thirty-Eighth through Forty-First, covering the weeks ending September 5, 2004 through September 26, 2004, for a total escrow amount of U.S. $1,246,672.00. Counsel: Rosen Weinhaus, Brian Werfel, 212-530-4833, bwerfel@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act November 17, 2004 Re: Forty-Third Escrow Deposit Report and Documentation Attached is the amended FORTY- THIRD Escrow Deposit REPORT and DOCUMENTATION for the week ended November 14, 2004. Aerolineas made a deposit into the escrow of U.S. $21,783.13 for a total escrow amount of $1,268,455.13. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act November 24, 2004 Re: Forty-Third Escrow Deposit Report and Documentation Attached is the amended FORTY- THIRD Escrow Deposit REPORT and DOCUMENTATION for the week ended November 14, 2004. Aerolineas made a deposit into the escrow of U.S. $21,783.13 for a total escrow amount of $1,268,455.13. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina November 29, 2004 Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina November 30, 2004 Re: Forty-Fourth Escrow Deposit Report and Documentation Attached is the amended FORTY- FOURTH Escrow Deposit REPORT and DOCUMENTATION for the week ended November 21, 2004. Aerolineas made a deposit into the escrow of U.S. $24,655.90 Plus interest of $120.81 for a total deposit of $24,776.71 for a total escrow amount of $1,293,231.84. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina November 30, 2004 Re: Forty-Fifth Escrow Deposit Report and Documentation Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act December 8, 2004 Re: Forty-Sixth Escrow Deposit Report Attached is the FORTY SIXTY Escrow Deposit REPORT and DOCUMENTATION for the week ended December 5, 2004. Aerolineas made a deposit into the escrow of U.S. $21,793.93 for a total escrow amount of $1,339,943.12. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act December 14, 2004 Re: Forty-Seventh Escrow Deposit Report and Documentation Attached is the FORTY-SEVENTH Escrow Deposit REPORT and DOCUMENTATION for the week ended December 12, 2004. Aerolineas made a deposit into the escrow of U.S. $32,820.14 for a total escrow amount of $1,372,763.26. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act December 22, 2004 Re: Forty-Eighth Escrow Deposit Report Attached is the FORTY-EIGHTH Escrow Deposit REPORT WITHOUT DOCUMENTATION for the week ended December 19, 2004. Aerolineas made a deposit into the escrow of U.S. $38,766.46, the bank added $0.78 in interest for a total escrow amount of $1,411,530.50. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act December 29, 2004 Re: Forty-Ninth Escrow Deposit Report without Documentation Attached is the FORTY-NINTH Escrow Deposit REPORT WITHOUT DOCUMENTATION for the week ended December 26, 2004. Aerolineas made a deposit into the escrow of U.S. $33,634.50 for a total escrow amount of $1,445,165.00. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act December 30, 2004 Re: Documentation for Forty-Eighth Escrow Deposit Report Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com
December 30, 2004 Re: Documentation for Forty-Ninth Escrow Deposit Report Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act January 4, 2005 Re: Fiftieth Escrow Deposit Report, Documentation and October Adjustments Attached is the FIFTIETH Escrow Deposit REPORT, DOCUMENTATION, and OCTOBER ADJUSTMENTS for the week ended January 2, 2005. Aerolineas made a deposit into the escrow of U.S. $27,198.87 ($33,927.77 for the week ended October 2, 2005, LESS U.S. $6,722.90 representing the combined adjustments to the five estimated reports, numbers Thirty-Seventh through Forty-First, covering the weeks ending October 3, 2004 through October 31, 2004), for a total escrow amount of US. $1,472,363.87. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com December 31, 2004 By: North Fork Bank
January 12, 2005 Re: Fifty-First Escrow Deposit Report and Documentation and November Adjustments Attached please find the FIFTY-FIRST Escrow Deposit, REPORT and DOCUMENTATION for the week ended January 9, 2005, and NOVEMBER ADJUSTMENTS. Aerolineas made a deposit into the escrow of U.S. $29,900.54 (U.S. $38993.95 for the week ended January 9, 2005, LESS U.S. $9,093.41 representing the combined adjustments to the four estimated reports, numbers Forty-Two through Forty-Five, covering the weeks ending November 7, 2004 through November 28, 2004), for a total escrow amount of U.S. $1,502,729.13. Counsel: Rosen Weinhaus, Brian Werfel, 212-530-4833, bwerfel@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act January 26, 2005 Re: Fifty-Third Escrow Deposit Report and Documentation Attached is the FIFTY-THIRD Escrow Deposit REPORT and DOCUMENTATION for the week ended January 23, 2005. Aerolineas made a deposit into the escrow of U.S. $38,930.43, for a total escrow amount of U.S. $1,580,605.94. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act February 2, 2005 Re: Fifty-Fourth Escrow Deposit Report and Documentation Attached is the FIFTY-FOURTH Escrow Deposit REPORT and DOCUMENTATION for the week ended January 30, 2005. Aerolineas made a deposit into the escrow of U.S. $33,827.24 plus bank interest of $0.33 plus bank interest of $513.59 for a total escrow amount of U.S. $1,614,947.10. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act February 9, 2005 Re: Fifty-Fifth Escrow Deposit Report and Documentation Attached is the FIFTY-FIFTH Escrow Deposit REPORT and DOCUMENTATION for the week ended February 6, 2005. Aerolineas made a deposit into the escrow of U.S. $28,920.62, for a total escrow amount of U.S. $1,643,867.72. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act February 16, 2005 Re: Fifty-Sixth Escrow Deposit Report and Documentation Attached is the FIFTY-SIXTH Escrow Deposit REPORT and DOCUMENTATION for the week ended February 13, 2005. Aerolineas made a deposit into the escrow of U.S. $33,520.50, for a total escrow amount of U.S. $1,677,388.22. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina February 23, 2005 Re: Fifty-Sixth Escrow Deposit Report Attached is the FIFTY-SEVENTH Escrow Deposit REPORT and DOCUMENTATION for the week ended February 20, 2005. Aerolineas made a deposit into the escrow, AFTER A DEDUCTION OF $911.92 TO CORRECT THE USE OF AN ERRONEOUS EXCHANGE RATE AS SHOWN IN THE DOCUMENTATION, of U.S. $32,600.55, for a total escrow amount of U.S. $1,709,988.77. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina March 2, 2005 Re: Fifty Eighth Escrow Deposit Report, Documentation and December Adjustments Attached please find the FIFTY-EIGHTH Escrow Deposit, REPORT and DOCUMENTATION for the week ended February 27, 2005, and DECEMBER ADJUSTMENTS. Aerolineas made a deposit into the escrow of U.S. $28012.11 (U.S. $33,641.41 for the week ended February 27, 2005, LESS U.S. $5,629.30 representing the combined adjustments to the five estimated reports, numbers Forty-Six through Fifty, covering the weeks ending December 5, 2004 through January 2, 2005), PLUS $507.10 IN INTEREST, for a total escrow amount of U.S. $1,738,507.98. Counsel: Rosen Weinhaus, Brian Werfel, 212-530-4833, bwerfel@lrjwlaw.com OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina March 9, 2005 Re: Fifty-Ninth Escrow Deposit Report, Documentation, and January Adjustments Attached please find the FIFTY-NINTH Escrow Deposit, REPORT and DOCUMENTATION for the week ended March 6, 2005, and JANUARY ADJUSTMENTS. Aerolineas made a deposit into the escrow of U.S. $29,753.25 (U.S. $33,719.75 for the week ended March 6 2005, LESS U.S. $3,956.50 representing the combined adjustments to the four estimated reports, numbers Fifty- First through Fifty-Fourth, covering the weeks ending January 9, 2005 through January 30, 2005), for a total escrow amount of U.S. $1,768,261.23. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina March 15, 2005 Re: Sixtieth Escrow Deposit Report and Documentation Attached please find the SIXTIETH Escrow Deposit, REPORT and DOCUMENTATION for the week ended March 13, 2005. Aerolineas made a deposit into the escrow of U.S. $33,601.26 for the week ended March 13, 2005, for a total escrow amount of U.S. $1,801,862.49. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina March 23, 2005 Re: Sixty-First Escrow Deposit Report and Documentation Attached please find the SIXTY-FIRST Escrow Deposit, REPORT and DOCUMENTATION for the week ended March 20, 2005. Aerolineas made a deposit into the escrow of U.S. $33,571.88, for a total escrow amount of U.S. $1,835,434.37 Counsel: Rosen Weinhaus, Brian Werfel, 212-530-4833, bwerfel@lrjwlaw.com OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina March 30, 2005 Re: Sixty-Second Escrow Deposit Report and Documentation Attached please find the SIXTY-SECOND Escrow Deposit REPORT and DOCUMENTATION for the week ended March 27, 2005. Aerolineas made a deposit into the escrow of U.S. $33,520.50, for a total escrow amount of U.S. $1,868,954.87. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-2003-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina April 6, 2005 Re: Sixty-Third Escrow Deposit Report Attached please find the SIXTY‑THIRD Escrow Deposit REPORT and DOCUMENTATION for the week ended April 3, 2005. Aerolineas made a deposit into the escrow of U.S. $33,563.17, plus $607.18 in interest, for a total escrow amount of U.S. $1,903,125.22. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-2003-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds and the Government of Argentina April 12, 2005 Sixty-Fourth Escrow Deposit Report Attached please find the SIXTY‑FOURTH Escrow Deposit REPORT and DOCUMENTATION for the week ended April 10, 2005. Aerolineas made a deposit into the escrow of U.S. $29,002.41, plus $0.01 in interest, for a total escrow amount of U.S. $1,932,127.64. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@lrjwlaw.com OST-2003-15092 - American, FedEx, United and UPS v Argentina et al April 20, 2005 Sixty-Fifth Escrow Deposit Report and Documentation for Week Ending April 17, 2005 Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@lrjwlaw.com OST-03-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina April 27, 2005 Re: Sixty-Sixth Escrow Deposit Report Counsel: Rosen Weinhaus, Brian Werfel, 212-530-4833, bwerfel@lrjlaw.com OST-2003-15092 - Joint Complaint Against Aerolineas Argentinas, S.A., Air Plus Argentina, S.A., Southern Winds, S.A. and the Government of Argentina - IATFCPA May 4, 2005 Re: Sixty-Seventh Escrow Deposit Report Attached please find the SIXTY‑SEVENTH Escrow Deposit REPORT and DOCUMENTATION for the week ended May 1, 2005. Aerolineas made a deposit into the escrow of U.S. $33,485.88, plus interest of $3,135.28, for a total escrow amount of U.S. $2,027,717.60. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-2003-15092 - IATFCPA Complaint May 11, 2005 Re: Sixty-Eighth Escrow Deposit Report Attached please find the SIXTY‑EIGHTH Escrow Deposit REPORT, DOCUMENTATION AND ADJUSTMENTS for the week ended May 8, 2005. Aerolineas made a deposit into the escrow of U.S. $27,011.40 (U.S. $33,468.43 for the week ended May 8, 2005, LESS U.S. $6,457.03 representing the combined adjustments to the four estimated reports, numbers through Fifty‑Nine through Sixty‑Two, covering the weeks ending March 6, 2005 through March 27, 2005, for a total escrow amount of U.S. $2,054,729.00. Counsel: Rosen Weinhaus, Brian Werfel, 212-530-4833, bwerfel@lrjlaw.com OST-2003-15092 - IATCFA Complaint May 18, 2005 Re: Sixty-Ninth Escrow Deposit Report Attached please find the SIXTY‑NINTH Escrow Deposit REPORT and DOCUMENTATION for the week ended May 15, 2005. Aerolineas made a deposit into the escrow of U.S. $33,438.95, for a total escrow amount of U.S. $$2,088,167.95. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-2003-15092 - IATFCPA Complaint May 25, 2005 Re: Seventieth Escrow Deposit Report Attached please find the SEVENTIETH Escrow Deposit REPORT and DOCUMENTATION for the week ended May 22, 2005. Aerolineas made a deposit into the escrow of U.S. $33,385.10, for a total escrow amount of U.S. $2,121,553.05. Counsel: Rosen Weinhaus, John Romans, 212-530-4827 OST-2003-15092 - Section 41310(c) of International Air Transportation Fair Competitive Practices Act May 31, 2005 Seventy-First Escrow Deposit Report Attached please find the SEVENTY‑FIRST Escrow Deposit REPORT, DOCUMENTATION, AND ADJUSTMENTS for the week ended May 8, 2005. Aerolineas made a deposit into the escrow of U.S. $13,879.52 (U.S. $24,319.07 for the week ended May 29, 2005, LESS U.S. $10,439.55 representing the combined adjustments to the four estimated reports, numbers SIXTY‑THIRD through SIXTY‑SIXTH, covering the weeks ending April 3, 2005 through April 24, 2005, for a total escrow amount of U.S. $2,135,432.57. Counsel: Rosen Weinhaus, John Romans, JRomans@lrjwlaw.com OST-2003-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina June 7, 2005 Seventy-Second Escrow Deposit Report Attached please find the SEVENTY‑ SECOND Escrow Deposit REPORTand DOCUMENTATION for the week ended June 5, 2005. Aerolineas made a deposit into the escrow of U.S. $22,852.43, plus interest for the month of May in the amount of U.S. $4,383.49, for a total escrow amount of U.S. $2,162,668.49. By: Rosen Weinhaus, John Romans OST-2003-15092 - American, FedEx, United and UPS v Argentina et al June 14, 2005 Seventy-Third Escrow Deposit Report and Documentation Attached please find the SEVENTY‑THIRD Escrow Deposit REPORT and DOCUMENTATION for the week ended June 12, 2005. Aerolineas made a deposit into the escrow of U.S. $22,874.19, for a total escrow amount of U.S. $2,185,542.68. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@lrjwlaw.com OST-2003-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina June 23, 2005 Seventy-Fourth Escrow Deposit Report By: Aerolineas Argentinas, John Romans, 212-530-4827, JRomans@lrjwlaw.com June 30, 2005 Re: Seventy-Fifth Escrow Deposit Report Attached please find the SEVENTY‑FIFTH Escrow Deposit REPORT and DOCUMENTATION for the week ended June 26, 2005. Aerolineas made a deposit into the escrow of U.S. $22,793.82, for a total escrow amount of U.S. $2,231,122.70. Counsel: Rosen Weinhaus, Brian Werfel, 212-530-4833 July 6, 2005 Re: Seventy-Seventh Escrow Deposit Report Counsel: Rosen Weinhaus, Brian Werfel, 212-530-4833 OST-2003-15092 - IATFCPA Fee Complaint July 13, 2005 Re: Seventy-Seventh Escrow Deposit Report Attached please find the SEVENTY-SEVENTH Escrow Deposit REPORT, DOCUMENTATION, AND ADJUSTMENTS for the week ended July 10, 2005. Aerolineas made a deposit into the escrow of U.S. $18,525.57 / U.S. $29,052.26 for the week ended July 10, 2005, LESS U.S. $10,526.69 representing the combined adjustments to the five estimated reports, numbers SIXTY-SEVENTH through SEVENTY-FIRST, covering the weeks ending May 1, 2005 through May 29, 2005, for a total escrow amount of U.S. $2,285,404.20. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjlaw.com OST-2003-15092 - Section 41310(c) of International Air Transportation Fair Competitive Practices Act July 19, 2005 Re: Seventy-Eighth Escrow Depsit Report Counsel: Rosen Weinhaus, John Romans, JRomans@lrjwlaw.com OST-2003-15092 - IATFCPA Complaint July 26, 2005 Re: Seventy-Nonth Escrow Deposit Report Attached please find the SEVENTY-NINTH Escrow Deposit REPORT and DOCUMENTATION for the week ended July 24, 2005. Aerolineas made a deposit into the escrow of U.S. $31,815.80 for a total escrow amount of U.S. $2,348,781.50 Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-2003-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina August 3, 2005 Eightieth Escrow Report and Documentation for the Week Ended July 31, 2005. Attached please find the EIGHTIETH Escrow Deposit REPORT, DOCUMENTATION and INTEREST for the week ended July 31, 2005. Aerolineas made a deposit into the escrow of U.S. $31,824.42 plus INTEREST in the amount of $4,866.27 for a total escrow amount of U.S. $2,385,472.19. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@lrjwlaw.com OST-2003-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina August 9, 2005 Eighty-First Escrow Report and Documentation for the Week Ended August 7, 2005. Attached please find the EIGHTY-FIRST Escrow Deposit REPORT and DOCUMENTATION for the week ended August 7, 2005. Aerolineas made a deposit into the escrow of U.S. $31,845.88, for a total escrow amount of U.S. $2,417,318.07. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@lrjwlaw.com OST-2003-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina August 16, 2005 Eighty-Second Escrow Report and Documentation for the Week Ended August 14, 2005 Attached please find the EIGHTY-SECOND Escrow Deposit REPORT, DOCUMENTATION, AND ADJUSTMENTS for the week ended August 14, 2005. Aerolineas made a deposit into the escrow of U.S. $34,056.19 (U.S. $31,917.82 for the week ended August 14, 2005, PLUS U.S. $2,138.37 representing the combined adjustments to the four estimated reports, numbers SEVENTY-SECOND through SEVENTY-FIFTH, covering the weeks ending June 5, 2005 through June 26, 2005, for a total escrow amount of U.S. $2,451,374.26. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@lrjwlaw.com OST-2003-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina August 9, 2005 Eighty-Third Escrow Report and Documentation for the Week Ended August 21, 2005 Attached please find the EIGHTY-THIRD Escrow Deposit REPORT and DOCUMENTATION for the week ended August 21, 2005. Aerolineas made a deposit into the escrow of U.S. $32,047.51 for a total escrow amount of U.S. $2,483,421.77. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@lrjwlaw.com OST-2003-15092 - Joint Complaint against Aerolineas Argentinas, Air Plus Argentina, Southern Winds, and the Government of Argentina August 29, 2005 |