Appeals Process - Allocation of Scarce Capacity

How to challenge a decision or proposal made by the CAA

Outside the single European market, where UK-designated airlines wish to operate more services than are available under the Air Services Agreement between the UK Government and the foreign government, there will be a position described as "scarce capacity". In this circumstance, it will be the role of the CAA to determine which of these airlines should be awarded the right to operate the available services on these capacity-constrained routes.

The Civil Aviation (Allocation of Scarce Capacity) Regulations 2007 provide that in order to operate commercially on a capacity-constrained route between the UK and any other state a Scarce Capacity Allocation Certificate is required.  Any UK Air Transport Licence holder or Community air carrier licensed or established in the UK is entitled to apply for such a certificate.  The decision to award the certificate rests with the CAA.

A decision to grant, refuse to grant, revoke or vary (otherwise than on the application of the holder) a Scarce Capacity Allocation Certificate will be made by at least one Member of the CAA.  The Civil Aviation (Allocation of Scarce Capacity) Regulations 2007 set out the procedures for such a decision including provision for service of representations and a hearing.  Further guidance appears in the CAA’s Official Record Series 1.

For further information please contact:

Matt Buffey
Economic Regulation Group
Civil Aviation Authority
CAA House
45-59 Kingsway
United Kingdom

Telephone: +44 (0)20 7453 6274
Fax:  +44 (0)20 7453 6236

There is no further appeal from the decision of the CAA. The CAA procedure is however subject to the jurisdiction of the Court by way of judicial review.