Aerolineas Argentinas, S.A.

Order 04-1-15
OST-03-15092 - Section 41310(c)(2) International Air Transportation Fair Competitive Practices Act

Issued and Served January 15, 2004

Order | Word

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