
Dispute over the sale of take-off and landing rights of the insolvent Spirit Airlines in New York
A serious legal battle has erupted in the bankruptcy proceedings of the US low-cost carrier Spirit Airlines over the planned sale of valuable takeoff and landing slots at New York's LaGuardia Airport. The financially troubled airline, currently undergoing Chapter 11 restructuring, intends to sell its slots there for approximately $87 million (around €76 million) to generate much-needed liquidity to satisfy creditors. Several major US airlines are reportedly interested in acquiring the slot, as they are looking to expand their presence at the financially strained but profitable downtown airport. However, these plans are facing strong opposition from the Port Authority of New York and New Jersey, which operates the three major airports in the metropolitan area. The authority argues before the bankruptcy court that Spirit Airlines lacks the legal authority to unilaterally sell these slots as assets. While the bylaws of the US Federal Aviation Administration (FAA) generally permit the commercial trading, transfer, or leasing of slots between airlines to promote competition, local infrastructure is subject to its own usage regulations. According to local media, the port authority points out that the necessary airport infrastructure, such as passenger gates, check-in counters, baggage carousels, and office space in the terminal, is essential for actual flight operations. This physical capacity is leased by the operating company through long-term lease agreements and is explicitly tied to the operating obligations of the respective airline. An automatic transfer of these exclusive usage rights to an external buyer through a simple slot sale is prohibited under existing airport regulations, as the authority has the right to re-tender any vacant terminal capacity. The court decision in








