Route revocation process by Peruvian Aviation Authority. Estudio Olaechea advised Sky Airline on a revocation procedure initiated by the Peruvian Aviation Authority (DGAC) regarding the regular operation permit for passengers, cargo and mail against Sky Airline. It consisted of the revocation of the Lima-Havana routes and of seven frequencies in the Lima-Santiago route ( subject to limitation), of a total of 21 frequencies granted.
Comprehensive regulatory support and strategy: Our advisory services consisted of accompanying Sky Airline throughout the administrative procedure until its conclusion and defining the regulatory strategy. This included the application of principles contained in the General Administrative Procedure Law, application of principles and duties governing the actions of the authority, and application of the Civil Aeronautics Law and its regulations.
Bilateral framework evaluation: Our work also involved the review and analysis of the existing bilateral framework with Chile and the approach on expansion of frequencies granted in the Memorandum of Understanding between Civil Aeronautics Authorities of Peru and Chile.
Operational projections and air traffic rights analysis: We also analysed the circumstances that impact the operational projections of the airlines, the participation of the State and the situation of the infrastructure of the International Airport of Lima, as well as the determination of the use of the fifth freedoms of the air according to the aero commercial rights granted, rejecting the opinion that these should be considered according to the passenger’s activity.
Modern carrier connecting Americas: Sky is an airline founded in Chile in 2001 operating with a modern fleet of Airbus aircrafts to more than 40 destinations in the Americas through its subsidiaries.
Balancing international aviation regulations and local authority interpretations: This case is important because it involves the application of international aviation regulations vs. the interpretation of the local authority regarding the fifth freedom of the air. With our support the airline maintained its frequencies on the Lima-Santiago route with connecting flights in Buenos Aires.
Latest development: DGAC decided to revoke only three of the seven frequencies that were subject to revocation.
