CIVIL AVIATION (DISTRIBUTION OF TRAFFIC RIGHTS) REGULATIONS

CIVIL AVIATION (DISTRIBUTION OF TRAFFIC LIGHTS)

SUBSIDIARY LEGISLATION 499.47

CIVIL AVIATION (DISTRIBUTION

OF TRAFFIC RIGHTS) REGULATIONS

13th February, 2007

LEGAL NOTICE 23 of 2007.

The title of these regulations is the Civil Aviation

(Distribution of Traffic Rights) Regulations.

For the purposes of Article 5 of Regulation (EC) No 847/

2004 of the European Parliament and of the Council of 29 April

2004 on the negotiations and implementation of air service

agreements between Member States and third countries, the

distribution of traffic rights among eligible Community air carriers

shall be carried out by the Director of Civil Aviation in accordance

with a non-discriminatory and transparent procedure.

(1) An appeal shall lie to the Traffic Rights Appeals Board

against any decision given under regulation 2 by the Director of

Civil Aviation.

(2) The right to appeal shall be competent to the party

aggrieved by the decision.

(3) An appeal to the Board may be filed on any of the following

grounds

(a) that a material error as to the facts has been made;

(b) that there was a material procedural error;

(c) that an error of law has been made;

(d) that there was some material illegality, including

unreasonableness or lack of proportionality.

(4) The Board shall give reasons for its decision and shall

cause such decisions to be made public omitting, if it deems it

appropriate for reasons of commercial or security confidentiality,

the names of the persons involved or any other information.

(5) In determining an appeal under this regulation the Board

may -

(a) dismiss the appeal; or

(b) annul the decision

and where the Board annuls the decision it shall refer the matter to

the Director of Civil Aviation for its implementation.

(1) There shall be a Traffic Rights Appeals Board,

hereinafter "the Board", consisting of three members, one of whom

shall be the chairperson having experience in the legal field.

(2) The members of the Board shall be appointed by the

Minister responsible for civil aviation for a period indicated in their

letter of appointment and may be so appointed for further periods

as the Minister may deem appropriate.

CIVIL AVIATION (DISTRIBUTION OF TRAFFIC LIGHTS)

(3) A member of the Board may be challenged or abstain for

any of the reasons for which a judge may be challenged or abstain

in accordance with article 734 of the Code of Organization and

Civil Procedure. In any such case the Minister shall appoint a

person, having the qualifications of the member challenged or

abstaining, to sit as member of the Board in substitution of the said

member.

(1) The Board shall be competent to hear and decide any

appeal made to it in accordance with the provisions of these

regulations, and, subject to regulation 6, the decisions of the Board

shall be final and binding.

(2) For the exercise of its functions, the Board may summon

any person to appear before it and give evidence and produce

documents, and the chairperson shall have the power to administer

the oath. The Board may also appoint experts to advise the Board

on any technical issue that may be relevant to its decision.

(3) For the purposes aforesaid the Board shall have the same

powers as are competent to the First Hall, Civil Court, according to

law.

(4)

The Board shall regulate its own procedure.

(1) Any party to an appeal to the Board who feels

aggrieved by a decision of the Board may, on a question of law,

appeal to the Court of Appeal (Inferior Jurisdiction) as constituted

in accordance with article 41(9) of the Code of Organization and

Civil Procedure by means of an application filed in the registry of

that court within thirty days from the date on which that decision

has been notified to him.

(2) The fees contained in Schedule A to the Code of

Organization and Civil Procedure shall apply to the filing of

judicial acts in connection with appeals under this regulation.