Brussels Airport and Brussels Airlines start injunction proceedings against ATC provider skeyes

posted on 21st May 2019 by Justin Burns

Brussels Airport Company and Brussels Airlines have instigated interim injunction proceedings applying for continuity of service delivery by air traffic control service provider skeyes.

In a statement, they said they have made the move to the President of the Brussels Business Court and that TUI fly has also joined the interim injunction proceedings.

Brussels Airport said it faces “serious economic loss and reputational damage as a result of the persistent and unannounced disruptions of service delivery at skeyes”.

In these joint proceedings, the airport operator and the airlines are petitioning for assurances to be provided by skeyes as to the continuity of air traffic in Belgium to stop the passengers from being “made the victims” of the industrial actions at the air navigation services provider.

Since the middle of February, they say skeyes has ceased to fulfil its public service obligation to ensure air traffic control services on a continuous basis. Over the past three months, Belgian airspace has been wholly or partially closed at least one in every three days.

In addition, the airport partners are systematically notified late of the decisions to close the airspace, which makes it impossible for them to put in place precautionary measures to offer passengers a suitable alternative.

The statement continued: “This unreliable service delivery by skeyes is having a major financial impact on the airport and also demands great flexibility from our passengers as well as all airport employees. Brussels Airport Company, Brussels Airlines and TUI fly are petitioning for uninterrupted service delivery by skeyes, on pain of penalty payments.

“The proceedings before the President of the Brussels Business Court were initiated on 16 May, a day on which the airport and the airlines were again forced to put up with serious loss as a result of yet another unannounced work stoppage, which lasted 3 and a half hours this time. The Court is expected to return its ruling shortly.

“These proceedings are separate from the interim injunction proceedings which Brussels Airlines instigated by ex-parte petition, which it was awarded by the President of the Brussels Business Court on 16 May.”