Boeing 707 leasing specialist Omega Air has moved a step closer in its efforts to overturn the European Commission's (EC) ban of Chapter 3 hushkitted and re-engined aircraft after a ruling in its favourby the European Court of Justice (ecj).

Omega Air is a partner in the Seven Q Seven programme which offers a Pratt & Whitney JT8D-219 707 re-engining programme. Although the modification enables Chapter 3 compliance in noise/weight terms, it could be outlawed by a clause in the EC's controversial hushkit legislation, which bans re-engining using powerplants with a bypass ratio of less than 3.

The ECJ's advocate general has ruled that the EC's regulation is invalid. A final ruling is expected by early next year, according to Omega Air owner Desmond McEvaddy. "The strength of the advocate general's ruling, saying that the entire regulation is invalid, has probably moved us to a 90:10 chance of succeeding."

He says if the court rules in Omega's favour, the EC is expected to redraft the hushkit regulation.

Source: Flight International

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