BA European Ltd. t/a OpenSkies

Order 2008-5-19
OST-2008-0064 - Foreign Air Carrier Permit and Exemption - EU-US

Issued and Served May 15, 2008

Order Granting Exemption and Statement of Authorization and to Show Cause

We grant the request of BA European Ltd. t/a OpenSkies for an exemption under 49 U.S.C. §40109 to permit it to conduct: (a) foreign scheduled and charter air transportation of persons, property and mail from any point or points behind any Member State of the European Union, via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond; (b) foreign scheduled and charter air transportation of persons, property and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area; (c) foreign scheduled and charter cargo air transportation between any point or points in the United States and any point or points; (d) other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations; and (e) transportation authorized by any additional route rights made available to European Community carriers in the future.

We grant the request of BA European Ltd. t/a OpenSkies for confidential treatment of its financial submissions.

We grant, for an indefinite duration, the request of BA European Ltd. t/a OpenSkies for a statement of authorization under 14 CFR Part 212 to the extent necessary to display the designator code of British Airways Plc on flights operated by OpenSkies to and from the United States.

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

By: Paul Gretch