Kate Sarsfield/LONDON
Business Jet operators at London Heathrow Airport have suffered a further setback in their fight for improved treatment at Europe's busiest hub, following the loss of a court appeal against slot co-ordinator Airport Co-ordination (ACL).
The Heathrow Executive Jet Operators Association (HEJOA) failed to convince the appeal court judges that the new tactical slot allocation procedure introduced by ACL on 6 May last year is unlawful and unfairly restricts its access to the airport.
"The judges decided that the slots concerned were not part of declared capacity and are therefore not governed by European Union regulations," says HEJOA. The association's claims that the system was introduced without adequate consultation was also dismissed by the court.
"The judge also refused our request to refer the issue to the European Court of Justice, but we will fight on and are considering taking our protest to the House of Lords," adds HEJOA.
The legal wrangling between ACL, which is governed by 12 UK-based airlines, and HEJOA, has continued for nearly a year. The first court case was heard last July.
The association believes that operations have become restricted since the introduction of tactical availability, whereby business aircraft operators have to apply for slots up to 18 days in advance. "We are not given the chance to use the natural gaps on the runway any more because the slots are not reviewed after 06.30. We are left with the scraps," says HEJOA.
ACL managing director Peter Morrisroe believes the system was designed to alleviate congestion at the airport. He says: "Our aim is not to drive out business aircraft operators, but we have a legal duty at our airports to administer UK and European law in the distribution of traffic in a neutral, transparent and non-discriminatory way. Don't shoot the messenger."
Source: Flight International