Flybe’s Operating and Route licences revoked by the CAA: Brendan McGurk successfully acts for the CAA’s Consumer & Markets Group
On 5 March 2020, and with much publicity, Flybe Limited formally entered into administration. On the same day, the Civil Aviation Authority’s Consumer & Markets Group issued a proposal to revoke Flybe’s Operating Licence and two associated Route Licences. It did so on the basis that, following an in-depth financial assessment, there was no reasonable prospect that Flybe could meet its actual and potential obligations for the following 12 month period for the purposes of Article 9(1) of EC Regulation No 1008/2008 (“the EU Regulation”). A hearing before the CAA Panel took place at which evidence was considered and submissions made as to the prospects of Flybe being acquired as a going concern within a reasonable period of time in order that the test under Regulation 9(1) of the EU Regulation might be met. The CAA’s Panel have concluded that there is no such prospect and further concluded that Flybe’s request for a Temporary Operating License must also be rejected for the same reasons. The decision takes effect 14 days from the date of the decision. Flybe have a right to appeal the decision to the Secretary of State for Transport and it remains to be seen whether that right will be exercised.
Brendan McGurk acted for the Consumer & Markets Group of the CAA.