International Jet Management has won a five-year legal battle after the European court of justice ruled that Germany has no right to demand three days notice for flights into its territory from outside the European Union.
On 18 March 2014, the court ruled that a series of fines levied on IJM were not justified, and therefore the requirement to obtain approval for flights into Germany must be lifted for the entire industry.
Previously, any operator flying into Germany from a non-EU country departure point had to apply for permission to the German authorities three days in advance of the flight. The carrier in question also had to furnish evidence that no German competitor would conduct the flight – a so-called declaration of non-availability.
In the absence of such permission, the carrier was liable to fines averaging €2,200 ($3,100) per flight. IJM's chief executive Robert Schmölzer says: “This is precisely what makes business jets attractive for customers. We guarantee our customers departure within two hours of their request.
"For us, [the] authorisation requirement represented an obvious discrimination against competitors from outside Germany, prohibiting us from exercising our traffic rights. It is unacceptable that the activities of a service provider established in another member state, and legally providing similar services there, are prevented or rendered less attractive by such restrictions."
IJM lodged an appeal against the penalties in 2009, and in late 2011 the higher regional court of Braunschweig referred the case to the court of justice for a preliminary ruling. Schmölzer has declared the ruling a victory for the entire business aviation industry.
Source: Flight International
