Associate Director London +44 (0)20 7131 4865
On 30 June 2015, 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), Koninklijke Luchtvaart Maatschappij NV (KLM), Delta Airlines, Inc (Delta) and Alitalia Società Aerea Italiana S.p.A. (Alitalia) in order to close the Commission's investigation into their transatlantic joint venture agreement ("the Commitments"). The Commitments were made legally binding by a decision adopted by the Commission under Article 9 of Regulation 1/2003 on 12 May 2015.
The Commitments are available on the European Commission's website. The Commission’s Press Release of 12 May 2015 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 section 5.2 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 applications 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 parties pursuant to the Commitments should carefully review the text of the Commitments prior to completing the Application Form.
Under clause 1.3.1 of the Commitments, any applicant requesting slots under the Slot Release Procedure must first complete the three steps set out below, at least seven (7) weeks before the Initial Submission Deadline (“ISD”) for the IATA season for which the applicant is applying for slots:
(a) inform the Monitoring Trustee of its proposed slot request (indicating the arrival and departure times);
(b) submit to the Monitoring Trustee the list of its leased out or exchanged Slots at any airport for which it seeks Slots, together with the date at which the leases or exchanges were concluded; and
(c) request anonymity in accordance with Clause 1.3.5 of the Commitments, if it so wishes.
If the Applicant requests slots at a New York airport, it shall at the same time also apply to the FAA (or any other relevant U.S. government agency administering capacity limitations at JFK and EWR airports), for the Slots at both JFK and EWR airports in accordance with the applicable rules and procedures.
Thursday 28 February 2019: The Monitoring Trustee opens the application procedure;
Thursday 28 March 2019 1800 UTC: Applications for slot request must be received by the Monitoring Trustee. (Applications for slots received after this deadline will be rejected.); and
Thursday 16 May 2019: ISD.
The Monitoring Trustee is inviting applications for slots for the Winter 2019 - 20 Season on these routes:
Applicants for slots are requested to contact the Monitoring Trustee at AF.KL.DL.AZ@smithandwilliamson.com or to obtain a Slot Request Application Form.
Applicants for slots are entitled to request anonymity, as set out in clauses 1.3.1(c) and 1.3.5 of the Commitments.
Applicants that do not require anonymity for their Slot Request/s are strongly encouraged to also contact the relevant airport coordinator at the earliest opportunity, namely (i) SACN Airport Coordination Netherlands for Amsterdam Schiphol airport; (ii) Assoclearance for Rome airport; and/or (iii) The Federal Aviation Administration (FAA) for New York airports (or any other relevant U.S government agency administering capacity limitations at JFK and Newark Liberty airports).
Prospective Applicants should contact Caroline A.L.C. Ditvoorst at
Stichting Airport Coordination Netherlands (SACN)
Evert van de Beekstraat 23
1118 CL Schiphol
Prospective Applicants should contact Carlo Frasca at
Piazzale degli Archivi 41,
00144 ROMA - ITALY
Prospective Applicants should contact Brian Meehan and and Bryan Bourgoin at:
Federal Aviation Administration
Office of the Chief Counsel
800 Independence Avenue SW
Washington, DC 20591
Applicants who require anonymity under clauses 1.3.1(c) and 1.3.5 of the Commitments should contact the Monitoring Trustee only, using the email address AF.KL.DL.AZ@smithandwilliamson.com.
AF-KL-DL-AZ Monitoring Trustee
Smith & Williamson LLP
London EC2R 6AY
T: +44 20 7131 4865 / + 44 7824 417 630
F: +44 20 7131 4001