Decision No. 717-A-2003

December 30, 2003

December 30, 2003

APPLICATION by Air Canada, on behalf of itself and Deutsche Lufthansa Aktiengesellschaft (Lufthansa German Airlines) (hereinafter Lufthansa), pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to amend the approvals granted by Decision Nos. 236-A-2001 and 311-A-2002 dated May 11, 2001 and June 7, 2002, respectively, by adding "its affiliates and subsidiaries" wherever the name Lufthansa appears in the said Decisions.

File No. M4835-2-5

Docket No. 031368AG


Air Canada, on behalf of itself and Lufthansa, has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on November 11, 2003.

By Decision Nos. 236-A-2001 and 311-A-2002 dated May 11, 2001 and June 7, 2002, respectively, the Agency approved the use by Air Canada of aircraft and flight crew provided by Lufthansa, and the provision by Lufthansa of such aircraft and flight crew to Air Canada, to permit Air Canada, while providing its scheduled international services on licensed routes between Canada and Finland, to sell transportation in its own name on flights operated by Lufthansa between Munich, Germany and Helsinki, Finland and between Frankfurt, Germany and Helsinki, Finland until March 27, 2004.

The Annexe B.1 to the code-sharing agreement between Air Canada and Lufthansa now provides for the use of aircraft and flight crew belonging to Lufthansa and its affiliates and subsidiaries.

The Agency has reviewed and considered the application and the material filed in support thereof and has found pursuant to section 32 of the Canada Transportation Act (hereinafter the CTA) that there has been a change in the facts or circumstances pertaining to Decision Nos. 236-A-2001 and 311-A-2002 since they issued and that these Decisions should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, hereby varies Decision Nos. 236-A-2001 and 311-A-2002 by substituting "Lufthansa and its affiliates and subsidiaries" wherever the name Lufthansa appears in the said Decisions.

All other conditions set out in Decision Nos. 236-A-2001 and 311-A-2002 continue to apply.

In addition, this Decision shall apply to Lufthansa's affiliates and subsidiaries identified in Annex B.1 of the code-share agreement between Air Canada and Lufthansa.

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