British Airways PLC v. Port Auth. of N.Y. & N.J.-198

Lexis Cite:

2000 DOT Av. LEXIS 280

Westlaw Cite:

2000 WL 675564

Author:

Mims, A. Bradley, Deputy Assistant Secretary for Aviation and International Affairs

Author Title:

Deputy Assistant Secretary for Aviation and International Affairs

Complainant(s):

British Airways PLC|Virgin Atlantic Airways Ltd.

Respondent(s):

Port Authority of New York and New Jersey|Newark (N.J.) International Airport

Airport(s):

Newark (N.J.) International Airport (EWR)

Holding:

Dismissing complaints.

Abstract:

Complainants British Airways and Virgin Atlantic filed a complaint with the Department of Transportation against the Port Authority of New York and New Jersey requesting that DOT determine the reasonableness of an increase in per passenger federal inspection space charge (from $13.50 to $15.60) and an increase in per arriving/departing passenger general terminal charge (from $5.50 to $6.00) at the Newark International Airport. The Complainants asserted that the Port Authority failed to engage in meaningful consultation with the airlines prior to the fee increases.|Follow-on complaints disputing the same fees were filed by foreign airlines Lufthansa German Airlines, Scandinanvian Airlines System, Czech Airlines, Sabena, Swissair, TAP Air Portugal.|Late-filed complaints disputing the same fees were filed by foreign airlines Societe Air France and Lineas Aereas Allegro, S.A. de C.V.|The Respondent advised the Department that it had rescinded the fee increases retroactively.|The Deputy Assistant Secretary found Respondents not in violation and dismissed the Complaints.|Significant Dispute:|Although the Department expressed concern that Respondent failed to consult with the airlines, the complaints were dismissed based on a finding that no significant dispute existed after Respondent retroactively rescinded the challenged fee increases. (p. 10).|Late-Filed Complaints:|The Complaints of Societe Air France and Lineas Aereas Allegro, S.A. de C.V. were dismissed, for failure to meet the 60-day procedural deadline to file a complaint. The deadline is jurisdictional and may not be waived. (p. 11).

Index Terms:

British Airways PLC v. Port Auth. of N.Y. & N.J. -- No. OST-2000-7285