Just a legal trick? Green Airlines claims AOC application

Embraer 190 (Photo: V1Images.com/Severin Hackenberger).
Embraer 190 (Photo: V1Images.com/Severin Hackenberger).

Just a legal trick? Green Airlines claims AOC application

Embraer 190 (Photo: V1Images.com/Severin Hackenberger).
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The ticket marketer Green Airlines has now suffered the next setback, because, according to a report by Airliners.de, German Airways will no longer fly for them - apart from Cologne-Paderborn-Westerland. However, this did not prevent the company from continuing to sell tickets with German Airways flight numbers on Thursday afternoon.

The crown is based on the fact that Green Airlines, which uses a mailbox address, now claims to have submitted an application for an AOC and operating license. In view of the circumstances of the past few weeks, it is doubtful whether the Federal Aviation Office will comply with this request. Among other things, Alk Air claims that Green Airlines has failed to meet its payment obligations. The “environmental promises” also seem to have been fulfilled only half-heartedly or “greenwashed”.

Green Airlines already has extensive experience with the sale of flight tickets for non-existent charter flights. The sale was not stopped, although Alk Air had already withdrawn the Boeing 737-300 due to its own information and lack of payment behavior. They didn't have a contract with Just Us Air and they still sold tickets. On Thursday afternoon, routes with German Airways flight numbers were still on sale, although it is clear that the former WDL will only serve the Sylt route. In doing so, Green Airlines has defacto burned another “partner”.

Claiming that an application has been made for an AOC and an operating license could be a legal trick. Green Airlines strictly refuses to pay compensation to passengers left out in the rain. Publicly one even makes the untrue assertion that only organizer bookings would have been affected and there would have been no direct sales. This is definitely not the truth, because injured passengers let off steam on social media, for example. On top of that, from the documents of a passenger who was left sitting, it is clear that it was a direct booking via the homepage. With the help of a law firm, Green Airlines tries to avoid the compensation payment.

AOC application could prove to be a legal trick

And this is exactly where the alleged AOC application comes into play again. Green Airlines bases the rejection on the so-called Sundair judgment of the European Court of Justice. At that time, today's holiday airline was de facto exempt from compensation payments that arose before the operating license was issued. You had to cancel flights and charter planes because you weren't allowed to fly yourself. This resulted in delays. The ECJ ruled in favor of Sundair. However, according to a leading legal expenses insurer, the ruling is not applicable to Green Airlines because it is a completely different situation. Another ECJ ruling would be applicable for Green Airlines, which could clearly lead to the obligation to pay.

It should also be borne in mind that hundreds of AOC applications are submitted to the European aviation authorities every year. Only a very small percentage actually leads to the issuing of an AOC and operating license. In most cases it fails because the proponents cannot meet formal criteria. Furthermore, financial capacity must be proven to the extent that the flight plan can be maintained for six months without income. The "trick" of submitting ultra-short flights in a sport airplane and then flying something completely different does not work. The authorities have to check the financial capacity regularly and pull the plug if necessary. The latter has happened several times in the past few years. An example of this: The Austrian InterSky was withdrawn from the Austrian authorities due to a lack of financial resources. As a result, the regional carrier had to file for bankruptcy. The aviation authority also pulled the plug at Adria Airways.

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Editor of this article:

Jan Gruber is Senior Editor at Aviation.Direct. Before that, he had held the same position at AviationNetOnline (formerly Austrian Aviation Net) since 2012. He specializes in low-cost carriers, regional aviation in the DA-CH region and in-depth research.

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About the editor

Jan Gruber is Senior Editor at Aviation.Direct. Before that, he had held the same position at AviationNetOnline (formerly Austrian Aviation Net) since 2012. He specializes in low-cost carriers, regional aviation in the DA-CH region and in-depth research.

Nobody likes paywalls
- not even Aviation.Direct!

Information should be free for everyone, but good journalism costs a lot of money.

If you enjoyed this article, you can check Aviation.Direct voluntary for a cup of coffee Coffee trail (for them it's free to use).

In doing so, you support the journalistic work of our independent specialist portal for aviation, travel and tourism with a focus on the DA-CH region voluntarily without a paywall requirement.

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