Associate Director London +44 (0)20 7131 4865
On 31 March 2017, the European Commission approved Smith & Williamson LLP as the Monitoring Trustee to monitor the implementation of the commitments given by Société Air France S.A (Air France) in order to enable the European Commission (the "Commission") to declare the acquisition of sole control of KLM by Air France compatible with the common market and with the EEA Agreement. The Commitments were made legally binding by a Decision adopted by the Commission under Article 6(1)(b) of the Merger Regulation on 11 February 2004.
The Commitments are available on the European Commission's website. The Commission’s Press Release of 11 February 2004 summarises the Commitments. Further information about the case can be found on the dedicated case page of the Commission.
The general responsibilities of the Monitoring Trustee are set out in clause 11 of the Commitments. The specific responsibilities of the Monitoring Trustee with respect to each commitment are set out in the relevant sections of the Commitments.
The information provided below is intended only to draw attention of potential Prospective New Entrants to certain sections of the Commitments. For avoidance of doubt, only the text of the Commitments as adopted by the Commission will be the reference text.
It is strongly recommended that any airline interested in obtaining slots from the Merged Entity pursuant to the Commitments should carefully review the text of sections 1 and 3 of the Commitments prior to applying for slots under these Commitments.
Under these Commitments, a Prospective New Entrant requesting slots under the Slot Release Procedure must first complete the following steps set out below:
(a) inform the Merged Entity of its intention to request slots under the Commitments, at least three (3) weeks before the IATA scheduling conference of the IATA season for which the applicant is applying for slots;
(b) inform the Merged Entity and the Monitoring Trustee of its slots request under the Commitments within one (1) week following the end of that slot conference if all reasonable efforts to obtain slots for the Identified European or Long-Haul City Pair(s) through the normal workings of the slot application procedure before the beginning of the IATA traffic season (the “Standard Slot Allocation Procedure” or “SSAP”) have failed;
P.S: The Prospective New Entrant is to be aware that the Monitoring Trustee and/or the Commission may request the Prospective New Entrant to provide the Monitoring Trustee and/or the Commission a detailed business plan (see clause 3.6 of the Commitments) at the latest by the submission of their slots request. A template for the content of the detailed Business Plan will be provided to Prospective New Entrants by the Monitoring Trustee upon request.
(c) maintain an “open book” policy for the airports concerned during the entire period from between the notification to the Merged Entity of its intention to request slots under the Commitments to the end of the respective IATA scheduling period, including the final allocation of slots by the coordinator following the Slot Return Date.
11 May 2017: Initial Submission Deadline under the SSAP.
23 May 2017: Prospective New Entrant deadline to notify the Merged Entity of its intention to apply for slots under these Commitments.
13 to 15 June 2017: IATA Slot Conference for Winter Season 2017-18.
22 June 2017: Deadline for a Prospective New Entrant to inform the Merged Entity and the Monitoring Trustee of its slots request under these Commitments.
29 June 2017: Deadline for the Merged Entity to submit the exact time of the slots it intends to make available to the Prospective New Entrant.
13 July 2017: Deadline for the Merged Entity to submit to the Monitoring Trustee and the Commission a proposal for the selection of the Prospective New Entrant on the Identified European or Long-Haul City Pair together with an indication as to the probable times(s) at which slots will be released.
27 July 2017: Deadline for the Commission to oppose the Merged Entity's proposal following the advice of the Monitoring Trustee.
Within one week from the Commission decision and at the latest by 3 August 2017: If the Merged Entity’s proposal is approved by the Commission, the Merged Entity shall submit its written proposal for slot releases to the Prospective New Entrant.
15 August 2017: Slot Return Date under the SSAP.
Following an assessment of the Identified City Pairs under these Commitments, the Monitoring Trustee is inviting applications for slots for the IATA Winter 2017-18 Season on the following routes:
Long-Haul City Pairs*
European City Pairs **
(* Please note that, as explicitly mentioned in the Definitions section of the commitments in Case AT.39964 AF-KL-DL-AZ, the slot commitment for the Amsterdam-New York route in Case M.3280 is superseded by the commitments in Case AT.39964 for the duration of the AT.39964 commitments to 12 May 2025. Applicants for slots on the Amsterdam-New York route in the period up to 12 May 2025 are advised to refer to this link.)
(**on some routes in the IATA Summer Season there may be a lower number of available slots under the Commitments.)
Applicants for slots are requested to contact the Monitoring Trustee at AFKL.Trustee@smithandwilliamson.com to obtain a Slot Request Application Form.
Applicants are strongly encouraged to also contact the relevant airport coordinator at the earliest opportunity, namely (i) COHOR for Paris and Lyon airports and (ii) SACN Airport Coordination Netherlands for Amsterdam Schiphol airport.
Paris and Lyon
Prospective Applicants should contact Eric Herbane at:
ORLYTECH Bât 530
9, rue Hélène Boucher
91 550 Paray-Vieille-Poste
Prospective Applicants should contact Caroline A.L.C. Ditvoorst at:
Stichting Airport Coordination Netherlands (SACN)
Evert van de Beekstraat 23
1118 CL Schiphol
AF-KL Monitoring Trustee
Smith & Williamson LLP
London EC2R 6AY
T: +44 20 7131 4865 / + 44 7824 417 630
F: +44 20 7131 4001
M.3280 Case team