Monarch Airlines Ltd, R (on the application of) v Airport Coordination Ltd

Monarch Airlines Ltd, R (on the application of) v Airport Coordination Ltd

Monarch remained an 'air carrier' within the meaning of the Slots Regulation at the relevant time because the definition does not require ongoing flight operations or a realistic prospect of resuming them, but rather focuses on holding a valid operating licence or equivalent. The coordinator's role is not to assess the operational viability of the airline but to allocate slots in accordance with the Regulation. Matters relating to financial circumstances and operational prospects are for the licensing authority, not the slot coordinator. Therefore, ACL was under a duty to allocate the requested slots to Monarch.

Parties
Appellant (claimant): Monarch Airlines Limited (in administration); Respondent (defendant): Airport Coordination Limited
Jurisdiction
England and Wales
Judgment Date
22 November 2017
Procedural Posture
Judicial Review (appeal) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Airport Slot Allocation, Air Carrier Licensing, Insolvency and Administration, Judicial Review, Interpretation of EU Regulations
Aviation Law Administrative Law EU Law Airport Slot Allocation Air Carrier Licensing Insolvency and Administration Judicial Review Interpretation of EU Regulations

Case Brief

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Parties

Monarch Airlines Limited (in administration)

Appellant (claimant)

Airport Coordination Limited

Respondent (defendant)

Procedural Posture

Judicial Review (appeal) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Monarch Airlines remained an 'air carrier' under the Slots Regulation after entering administration and ceasing flight operations
  2. 2 Whether Airport Coordination Limited was under a duty to allocate airport slots to Monarch for the summer 2018 season
  3. 3 Whether the purpose of the Slots Regulation precluded allocation of slots to Monarch in these circumstances

Ratio Decidendi

Monarch remained an 'air carrier' within the meaning of the Slots Regulation at the relevant time because the definition does not require ongoing flight operations or a realistic prospect of resuming them, but rather focuses on holding a valid operating licence or equivalent. The coordinator's role is not to assess the operational viability of the airline but to allocate slots in accordance with the Regulation. Matters relating to financial circumstances and operational prospects are for the licensing authority, not the slot coordinator. Therefore, ACL was under a duty to allocate the requested slots to Monarch.

Court Disposition

Appeal allowed

Orders

  • Declaration that Monarch is entitled to be allocated the relevant slots and that ACL may not lawfully delay their allocation
  • Mandatory order requiring ACL immediately to allocate the slots in question to Monarch