On March 30, the Office of the Chief Public Prosecutor sent a 91-page document to the Civil Aviation Special Administrative Unit, demanding that the intervention of third parties be investigated. . Integration between Viva Air and Avianca.
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This was Decision 00518 of March 21, 2023, but for Fernanda García Flórez, who was Coroner 119 II before the Administrative Case, the wrong law was applied in the process and therefore the intervention of other airlines – to file an appeal – was allowed. despite the fact that the relevant law only allows them to provide information.
That is, throughout the entire evaluation prior to the accepted integration, the case is Law No. 1437 of 2011 (Administrative Procedure and Administrative Litigation Law) and Not with the Law No. 1340 of 2009It is specially designed for such events.
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This bug was even noticed by Aerocivil earlier in the year. Judgment of 18 January 00079 It was stated that the case has been handled incorrectly since August 11, 2022, when the integration application process started.
“Deciding the existence of a material disorder In the first stage, it is in the administrative process that requires the return of the file to the Air Transport and Aviation-Trade Affairs Directorate in order to re-execute the administrative process,” he said.
The failure is due to the interference of third parties in the union, i.e. foreign companies such as foreign companies – although this is not true in the control body’s view – because the law allows them. my lath, Wingo and Aerolineas Argentinas were present and actively involved in the process. Therefore, García requests regulation for the use of the 2nd digit of Article 10 of Law No. 1340, which determines and limits the participation of third parties.
This means, in other words, that other airlines dealing with this issue should only be allowed to provide information without major impact from this. Instead, for months They were able to make all kinds of interventions. When it came to talking about an integration between Viva Air and Avianca, they focused on either appealing for replacement or presenting concrete arguments about their positions.
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But the repair does not end there. Another point in the 91-page document makes us realize that in January, instead of correcting that mistake at the discretion of the Attorney General, when they learned they had made a mistake, things kept getting done wrongwhich warranties will be breached.
“With advanced administrative procedure, a possible
violation right to legal action“The guarantee that the state should accompany these actions or actions and which is also contained in article 29 of the political statute,” says one of the parties.
With this, The Ministry of Public has made it clear that it is not against the union between airlines.but warns against an official mistake regarding the role of third parties involved in this discussion: companies like Latam and Wingo.
Of course, the supervisory authority did not ignore this confusion. delayed integration request for several days, because third parties were able to intervene in the case by filing an appeal directly. The Attorney General thinks this ultimately affects users of the two airlines in question.
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A request for this review has been sent to: Edgar Benjamin RiveraSergio París, Director of Civil Aviation Air Transport and Aviation-Commercial Affairs and Director of Aerocivil. In the first case, it will be Rivera who will decide whether to follow the delegate’s counsel’s recommendations, and in the second, the request will fall into Paris’ hands.
This newspaper learned If the demands are not met, the Office of the Attorney General will consider whether any other more drastic action can be taken. finally against the relevant authorities.
Carlos Lopez
Justice Draft
On Twitter: @CarlosL49
[email protected]
Source: Exame
I am Bret Jackson, a professional journalist and author for Gadget Onus, where I specialize in writing about the gaming industry. With over 6 years of experience in my field, I have built up an extensive portfolio that ranges from reviews to interviews with top figures within the industry. My work has been featured on various news sites, providing readers with insightful analysis regarding the current state of gaming culture.
