NORWEGIAN AIR CAN INTERVENE IN DC CIRCUIT AIR PERMIT ROW
April 10, 2017
On March 6, 2017 the D.C. Circuit held that Norwegian Air Shuttle ASA’s Irish subsidiary, Norwegian Air International (NAI), can intervene in a suit brought by a coalition of pilots and flight attendant unions challenging DOT’s decision to grant a foreign air carrier permit to Norwegian Air International to offer service to U.S. destinations.
The airline asked for permission to intervene in early February arguing that it has a fundamental and direct interest in the proceedings as its plans to operate as a foreign carrier to the U.S. would be upended if the order to grant the permit was reversed or vacated by the court.
Norwegian Air’s bid to have its subsidiary serve U.S. markets has come under fire by numerous U.S. labor groups and others who claim the airline’s questionable labor practices undercut employee’s ability to unionize and bargain collectively. NAI filed its application for the permit in late 2013, but it was not granted until December 2016.
In its order, DOT stated that it had no choice but to issue the permit despite the controversy surrounding the application and the opposition from labor groups as well as foreign and domestic airlines. The decision came the same day that the European Union filed an arbitration claim against the U.S. for delaying its decision on NAI’s application.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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