Decision No. 585-A-1998

December 2, 1998

File No. M4212/S176-3

Docket No. 980876AG

Swissair, Swiss Air Transport Company Limited (hereinafter Swissair) on behalf of itself and Air Europe SpA has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on September 24,1998.

Under Licence No. 975143, Swissair is authorized to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the Swiss Confederation signed on February 20, 1975.

With respect to the request for relief from the 45 day filing requirement of subsection 8.2(2) of the Air Transportation Regulations (hereinafter the ATR) the Agency has considered the matter and is of the opinion that compliance by Swissair and Air Europe SpA with subsection 8.2(2) of the ATR is unnecessary and impractical in this case. Accordingly, pursuant to paragraph 80(1)(c) of the Canada Transportation Act (hereinafter the CTA), the Agency hereby orders that Swissair and Air Europe SpA be exempt from the application of subsection 8.2(2) of the ATR.

The Agency has reviewed the application and considered the material filed in support thereof, and is satisfied that it meets the remaining requirements of section 8.2 of the ATR. Accordingly, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, the Agency hereby approves the use by Swissair of aircraft and flight crew belonging to Air Europe SpA, and the provision by Air Europe SpA of such aircraft and flight crew to Swissair, in order to permit Swissair to operate its scheduled international service between Montréal and Zurich during the period September 28, 1998 to October 24, 1998, subject to the following conditions:

1. Air services shall be operated under the scheduled international licence of Swissair (Licence No. 975143).
2. Commercial control of the flights shall be maintained by Swissair. Air Europe SpA shall retain operational control of the flights and shall receive payment based on the rental of aircraft and crew and not on the basis of volume of traffic carried or other revenue-sharing formula.
3. Swissair shall apply its published tariffs, on file with the Agency and in effect, to the carriage of its traffic. In particular, nothing in any commercial agreement between the two air carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.

Swissair and Air Europe SpA are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

The approval granted herein does not exempt Swissair and Air Europe SpA from the requirements of other legislative acts or regulations, including those of Transport Canada.

This Decision takes effect on September 25, 1998, the date on which its content was communicated to the parties of record.