@'mosaik' sagte:
Lieber Thorben-Hendrik,
es steht aber auch so in der englischen Orginalfassung:
(6) The protection accorded to passengers departing from an airport located in a Member State should be extended to those leaving an airport located in a third country for one situated in a Member State, when a Community carrier operates the flight.
c) "Community carrier" means an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers(5);
... an air carrier with a valid operting licence granted by a Member State... eine Fluggesellschaft mit einer gültigen Betriebsgenehmigung, ausgestellt von einem Mitgliedsstaat.
Und jede Fluglinie, die einen europäischen Flughafen anfliegen will, benötigt solch eine Betriebsgenehmigung.
Juristische Spitzfindigkeiten, aber die halten im Fall einer Klagserhebung.
Gruß
Peter
Zum einen bin ich nicht Dein "LIEBER" zum anderen,
"Community carrier" means an air carrier with a valid operating licence granted by a Member State
Ist genau das der Knackpunkt, SKY hat KEINE EU "Operating licence"
sondern eine der TR!
Verwechsest Du es mit "Landing permit"?
Siehe auch hier:
Airline Licensing
In order to carry passengers, cargo or mail for payment, air operators based in the European Economic Area (EEA) must hold an Operating Licence granted by the Member State in which they have their principal place of business. For UK airlines, licensing is undertaken by the CAA.
oder auch:
OFFICIAL RECORD SERIES 1 Part 1: OPERATING LICENCES
Legal Framework
Scope and Effect
Exceptions to the need to hold an Operating Licence
Classes of Operating Licence
Criteria for the grant of Operating Licences
o Place and nature of business
o Nationality of ownership & control
o Financial Resources
o Liability and insurance
o Air Operator's Certificate
o Fitness
Provision of services through chartering aircraft
Continuing requirements for holders of Operating Licences
o Financial Monitoring and Regulation
o Monitoring Information Required
o Fares
o Requirement Not to Sell Seats Except in Accordance with ATOL Requirements
o Statistics
Procedures in relation to Operating Licences
Charges
LEGAL FRAMEWORK
1. The basis of air operator licensing in the United Kingdom is the European Council Licensing Regulation [1] , which came into force on 1 January 1993 and provides that an air operator based in the European Economic Area (EEA)
( SKY based in TR)
[2] must hold an Operating Licence granted by the State where it has its principal place of business
( SKY based in TR)
and (if appropriate) its place of registration.
( SKY based in TR)
Certain consequential changes arising from the Council Licensing Regulation, such as designating the CAA as the competent authority for the granting of Operating Licences, were put into effect in the United Kingdom by implementing Regulations referred to in this Guide as the Licensing of Air Carriers Regulations [3].
SCOPE AND EFFECT
2. The requirement for an air operator to hold an Operating Licence granted by the State in which it is based extends to virtually all carriage by air anywhere in the world of either passengers or cargo for remuneration, irrespective of whether the sale is made to the general public or to a charterer. Corporate operations involving no remuneration, other than between companies within a group, are not affected.
3. An Operating Licence is a requirement for entry and it has to remain in force for the holder to be able to carry passengers, cargo or mail for remuneration. It does not in itself authorise flights on any route, but allows the holder to benefit from route authorisations granted separately.
4. Flights within the EEA are authorised by the European Council Market Access Regulation [4] , which allows Operating Licence holders to operate on most routes in the EEA without needing a further licence or permit from any State. There is no restriction on flights being either scheduled or charter (that is, selling seats direct to the public or selling them to a tour operator) and they may be a mixture of the two.
5. At present, Gibraltar is outside the general access granted by the Council Market Access Regulation. States may also limit access to routes on which “public service obligations” apply, to regional routes where traffic is below specified thresholds, and to congested airports. An operator wishing to operate on a minor intra-EEA route which may be one of the few restricted ones should seek the advice of the Department for Transport (DfT) on whether rights are available. For flights within the United Kingdom, the Secretary of State [5] may impose restrictions as permitted by the Council Market Access Regulation; no restrictions have so far been imposed.
6. For routes which are not within the EEA, and for intra-EEA routes which are not generally available under the Council Market Access Regulation but where specific authorisations are possible, holders of Operating Licences also generally need to hold Route Licences. These are dealt with in Part 2.
7. Article 8.1 of the Council Licensing Regulation requires States to ensure that carriers licensed by them have one or more aircraft at their disposal, and Article 8.2 permits States to decide whether carriers should be required to use aircraft on their national register or aircraft registered anywhere within the EEA. In the United Kingdom the Secretary of State, has decided that holders of Operating Licences issued by the CAA must use aircraft registered in the United Kingdom. However, Article 8.3 of the Regulation permits waivers to be granted from the requirement to use UK-registered aircraft, and the Secretary of State may grant waivers in specific circumstances. In addition, Article 10 of the Regulation requires that any lease to or by the holder of an Operating Licence granted by the CAA, of a UK or foreign registered aircraft, must be approved by the CAA for the purpose of ensuring safety and liability standards. Airlines should contact CAA’s Safety Regulation Group at the address in Part 4 for such approvals.
EXCEPTIONS TO THE NEED TO HOLD AN OPERATING LICENCE
8. There is an exclusion in Article 1.2 of the Council Licensing Regulation so that an Operating Licence is not needed for flights
* by ultra-light and non-power driven aircraft; or
* which do not involve carriage between different airports.
9. Beyond this there are no exclusions, and EEA States have no powers to grant exemptions from the need to hold an Operating Licence.
CLASSES OF OPERATING LICENCE
10. The CAA grants two types of Operating Licence, Type A and Type B, the former being for larger operators and the latter for minor operators. “Minor operators” are mainly those which operate (or lease in) aircraft having less than 20 seats: these operators are specially recognised by Article 5.7 of the Council Licensing Regulation, which permits a simplified entry procedure for them. The CAA system allows additionally that in some instances operators of larger aircraft with a limited scope of activity (for example, air taxi work) may also be granted a Type B licence, though the Council Licensing Regulation does not allow the simplified entry procedure to be used for them. After grant, the difference between the two types is that a Type B licence restricts the size of aircraft that may be used or the type of activity, but it carries fewer obligations in respect of financial information, statistics and charges. These differences are dealt with in the relevant paragraphs below.
CRITERIA FOR THE GRANT OF OPERATING LICENCES
11. The criteria for grant of Operating Licences are set out in the Council Licensing Regulation and must be applied by all EEA States. The Regulation also states that any undertaking meeting those criteria is entitled to be granted an Operating Licence. They relate principally to the place and nature of business; nationality of ownership and control; adequacy of financial resources; the holding of an Air Operator’s Certificate; fitness; and passenger and third party insurance. The requirements in relation to each and, where appropriate, the CAA’s approach to ensuring that they are met are set out below.
Place and Nature of Business
12. Article 4.1 of the Council Licensing Regulation provides that EEA States may grant Operating Licences only to air operators whose principal place of business and registered office (if any) are within their territory. The CAA may therefore grant Operating Licences only to operators based and registered in the United Kingdom, which does not include the Channel Islands or the Isle of Man. There is a further requirement in the Council Licensing Regulation that the main occupation of the licence holder must be either air transport alone or air transport combined with other aviation activities.
Nationality of Ownership and Control
13. Article 4.2 of the Council Licensing Regulation requires that holders of Operating Licences must be majority owned and effectively controlled by EEA States or nationals of EEA States.
( SKY owned in TR)
14. The decision on whether any applicant complies with this criterion rests with the Secretary of State, who is designated for this purpose by the Licensing of Air Carriers Regulations. The CAA is required by those Regulations to advise the Secretary of State if it considers that any applicant does not comply with the requirement in Article 4.2.
15. The CAA’s guidance on its interpretation of Article 4.2 is set out in Annex 1.
Also bitte genau infomieren, BEVOR man solche Behauptungen aufstellt!
QUELLE
SKY is NOT based in the EEA or EEA controlled!
Also bitte genau infomieren, BEVOR man solche Behauptungen aufstellt 
Dein Sicherheits-Blabla oben ist für das Thema sowieso Blub....
sofern das ausführende Luftfahrtunternehmen ein Luftfahrtunternehmen der Gemeinschaft ist, für Fluggäste, die von einem Flughafen in einem Drittstaat einen Flug zu einem Flughafen im Gebiet eines Mitgliedstaats, das den Bestimmungen des Vertrags unterliegt, antreten, es sei denn, sie haben in diesem Drittstaat Gegen- oder Ausgleichs- und Unterstützungsleistungen erhalten.
:sad: