Dniproavia protests German decision

Ukrainian airline, Dniproavia has announced it has filed a protest against a ruling by German Federal Office of Civil Aviation (LBA) prohibiting the company to operate on all of its Ukrainian-German routes.Dniproavia believes that the LBA’s decision resulted from inaccurate allegations by Deutsche Lufthansa AG, accusing Dniproavia and Ukrainian aviation authorities of blocking the Ukrainian flights of Lufthansa.

Dniproavia’s lawyers are demanding the immediate cancellation of LBA’s ban on operating the German routes - which they believe to be illegitimate - and further demand the restoration of all air traffic rights. “Despite Lufthansa claims that Ukrainian aviation authorities prohibited it from servicing routes to Dnipropetrovsk (Dniproavia’s home airport) as well as that Dniproavia impeded its flights, de-facto it had full access to Ukrainian routes; specifically it had operated 6 flights a week to Dnipropetrovsk”, said Attorney-at-Law H. Peter Kehrberger of Kehrberger & Associates, an aviation law firm that represents Dniproavia. “The number of flights by Lufthansa far exceeded the Dniproavia’s flights, though Ukrainian-German intergovernmental treaties envisage parity principle in access to international routes between countries”.

“In the protest we also refer to the fact that LBA’s decision is completely based on unverified accusation by Lufthansa, though the misleading nature of the allegations can be easily traced in Lufthansa’s past and current flights schedule” - said H. Peter Kehrberger. The Attorney stresses the point that the international counter-measures of parity and flights ban can be hardly applied to protect German carrier in case when Lufthansa had been granted 6 flights per week to Dnipropetrovsk compared to Dniproavia’s 2 flights.

The lawyers of Dniproavia are demanding the immediate ban reversal as it breaches EU regulations regarding national carriers, prohibiting national aviation authorities from creating any special preferences or protective conditions for the carriers from their own country.

As the ban limits Dniproavia’s rights and challenges the sustainability and financial health of the company, the company calls for soonest resolution of the conflict on pre-court stage. In other case, it reserves the rights to start litigation demanding the lifting of the unfair ban and compensation for all its losses resulting from the unlawful impeding of its business operations.
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