The ministers of the Court of the Superior Court of Justice (STJ) are set on Thursday, March 25, the distribution by the National Civil Aviation Agency (ANAC) of the slots (spaces at the airport used by airlines to park / park aircraft) from Congonhas Airport (SP) will or not with the spaces in the Pantanal Linhas Aereas SA
ANAC rescheduled for the 1st of March, at 14h, in Brasilia, the public hearing for the distribution of 355 slots (time of takeoff and landing) that are not being used at the airport. The expectation of the regulatory agency is to include the redistribution of 61 slots that operated on the Pantanal Congonhas, which are of direct interest to TAM, in the process of acquisition of the company, the session was scheduled for February 10, after the postponement of the scheduled distribution, initially, to February 1.
The discussion in the STJ:
Last December, the president of the STJ, Minister Cesar Rocha, guaranteed to make the distribution ANAC, suspending the decision of the 2nd Bankruptcy Court and Judicial Recoveries. That decision permitted the holding of judicial auction sale to the Isolated Productive Unit (IPI) of the Pantanal, whose plan of reorganization provides for the integration of the slots as intangible assets of the company.
Its release was scheduled for 1st of February but was postponed after the minister, based on enterprise resource - a special appeal [kind of action against all appropriate internal decision-person] - have determined that the regulatory agency to refrain from distributing the slots of the Pantanal.
On the other hand, ANAC alleges injury to the public and the public economy, for the sale of UPI interfere with the legal competence of ANAC. In turn, for the Pantanal, is the claim of ANAC that interferes with the legal competence of the court of bankruptcy. According to the company, the right of users from Congonhas Airport will be better preserved with the sale to TAM, and not the opposite. For her, there is underutilization of space for takeoffs and no risk of increased price of tickets.
On appeal by the Pantanal presented new facts, such as selling the entire stake in the Pantanal Linhas Aereas SA to TAM away "once any risk of damage to the organization of the airport and damage to public order and economy, and remain intact the rights of users of air transport, even with the intention as expressed officially to ANAC, that the sub judice slots - designated by the Regulatory Agency as idle - return to be immediately used by the airline.
The Pantanal applied to the court to reform the decision to ANAC refrain from distributing solely the slots in the Pantanal which are housed in the process of reorganization, keeping the planned distribution of the remaining slots.
The president of the STJ grant the request of the airline. Applied to the ANAC to be revealed about the issue and that, refrain from distributing the slots pertaining to the Pantanal Linhas Aereas SA in the event of distribution that was scheduled for February 1, 2010.
The regulatory agency provided the information requested by the court in the last days 8 days. Two days later, the ANAC also brought special appeal, this time challenging the decision beneficial to the Pantanal. Minister Cesar Rocha Asfor will take your vote in both features to trial in the Special Session of the next 25 days.
Pending the decision from the Supreme Court on the right of ANAC include the redistribution of 61 slots that operated on the Pantanal Congonhas, which are of direct interest to TAM, in the process of acquisition of the company, the agency rescheduled for the 1st of March, the 14h, in Brasilia, the public hearing for the distribution of 355 slots (times of takeoff and landing) that are not being used at Congonhas Airport.
Reported to IFTTA by Ronaldo Armond