I am a little bit puzzled by one thing. Currently, I was planning to begin operating a transatlantic service from another European country that is not the base of my airline. Now route evaluation says, that I would not have passenger loading rights. This confuses me as the EU-US Open Skies Agreement allows EU Airlines to fly from any point in the EU to the US.
While you have full traffic rights from your original country to the US and within the EU, you don't have the traffic rights when your flight starts in another EU-country. If your company is based in (let's say) Spain, you have traffic rights to fly all over the EU not only departing from Spain. But if you want to fly to a destination outside the EU territory, you have only traffic rights from your country (in my example from Spain).
This is not the same way as it is in the real EU-US Open Skies Convention then.
So if I create a subsidiary in the UK for example, while my holding is based in Spain, will flights to the US be then possible from the UK?
Thanks for your help!
Most special traffic agreements (like the EU-US Open Skies Convention) aren't fully implemented here, other than the Yamoussoukro and CARICOM agreements. You can fly anywhere within the EU* with an EU airline, but to fly outside the EU you have to do it to/from your home country, or at least have a stop there. A subsidiary won't help because the UK is not a free investment country, so a subsidiary of a Spanish holding will still have Spanish and not British traffic rights ouside the EU.
That said, if you do a proper connection wave structure you can get British passengers to fly to Spain to get a transatlantic flight if your offer is better than the competition. In fact, Spain is in the perfect place to offer connections from Europe to the entire Americas.
Question about traffic rights. If you have an airline in country A and you set up a subsidiary in country B. How do you know what routes you can do from country B to various other countries? Because from my understanding your traffic rights are from the main holding?
Holding as the parent company grants traffic rights, yes. You can open a sub in investment open countries and gain the traffic rights there. Other than that, you have only traffic rights in the country of your holding (to or from that country).
EDIT: EU treaty is different. You can open a sub in one of the countries within the EU and can fly within EU without restrictions, even having only (for example) Portuguese traffic rights. As soon as you want to leave EU, you have to fly out your holding's country (or arrive in your home country).
I believe it’s a coding limitation. Ie. In order for the traffic rights to be implemented (realistic) then other traffic rights will be made available (unrealistic). I can’t remember which way round it was though. But I believe it would be similar to…
If a EU airline can fly from anywhere in EU to U.S.A. then they would also be able to fly from anywhere in EU to everywhere else
Just another question about these traffic rights and open investment countries.
If you open a subsidiary in an open investment country does the subsidiary receive both the traffic rights of the holding and the subsidiary or only that of the subsidiary. So, for example. If I have a holding in the United Kingdom and I open a subsidiary in Qatar, does my subsidiary still hold traffic rights between the United Kingdom and the USA and the traffic rights between Spain and Germany (under the EU open market)?