How to challenge a decision or proposal made by the CAA
Where the CAA has reason to believe that the ownership and control requirements of the EC Regulation are not met (carriers to be owned and controlled by EU nationals) it must inform the Secretary of State for Transport who may direct the CAA to refuse to grant or to revoke the operating licence.
Unless refusing or revoking in accordance with a direction from the Secretary of State for Transport or issuing in accordance with a request by the applicant/holder, a right to have the decision reviewed must be offered.
To request a review contact the staff member who has advised you of the CAA’s intentions.
You will then be contacted by CPG staff who will be able to answer any queries about the process.
If the applicant/holder requests a review, the decision becomes one which must normally be made by two Members of the CAA.
The appeal procedures against refusal of or revocation of an operating licence by the CAA in other circumstances are set out in the CAA’s Official Record Series 1 – Annex 5.
The appellant is entitled to submit written representations for consideration by the Members and to appear at a hearing.
Regulation 19 of the Licensing of Air Carriers Regulations 1992 provides for an appeal to the Secretary of State against a decision of the CAA to refuse, revoke or suspend an Operating Licence, and Schedule 1 to those Regulations sets out the procedure for appeals to the Secretary of State.
Article 13 of EC Regulation 2407/92 provides that an undertaking that is refused an Operating Licence may refer the question to the Commission, which may consider whether or not the requirements of the Regulation have been fulfilled.