Dr. Britta Liebert’s Post

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Aviation Lawyer at ARNECKE SIBETH DABELSTEIN

Aviation A2Z / S - "Slots" (CTOT): Flights are delayed for various reasons - one of them is a delay due to the allocation of a CTOT (Calculated Take Off Time, colloquially referred to as a "slot") to a flight by Eurocontrol's Air Traffic Flow Management. The flight concerned must then take off later than the airline had planned in its flight plan submitted to the authority. In case law, it was disputed whether such a "slot" constituted an extraordinary circumstance within the meaning of the Passenger Rights Regulation. Some calm has now returned to the debate after "airport regional courts" ruled that “slots” are extraordinary circumstance and after the ECJ ruled that when defining extraordinary circumstance, events whose origin is “internal” must be distinguished from those whose origin is “external” and thus defined "extraordinary circumstance” as something that results “from external circumstances which are more or less frequent in practice but which the air carrier does not control because they arise from […] an act of a third party, such as […] a public operator interfering with flight activity (C-308/21 para. 25). Even before these decisions, difficulties in the legal categorisation of the CTOT arose less from the legal assessment than from the fact that some courts did not understand what a "slot" actually is and decisions were therefore based on (false) assumptions such as that every flight has a "slot", that local air traffic control can assign a “slot” or that a slot is allocated if an airline has to delay its own flight. None of this is the case: a CTOT is never allocated by the local controllers, but is a measure of Air Traffic Flow Management without an airline having any influence over it. The reason for the intervention is always the same: The aircraft should arrive at a certain en-route Waypoint later than planned (so-called Target Time Over - TTO), because otherwise there would be a risk of air traffic control capacity being exceeded in this area: simplified, more aircraft want to fly through this area at the same time than the controllers working there can currently handle. The reason for this, in turn, is usually a temporary reduction in the usual air traffic control capacity in this area due to weather events, technical conditions or because fewer controllers are working there. (This already shows that an airline cannot possibly cause a "slot" itself - no airline has any influence on the capacity of an entire air traffic control area). Air Traffic Flow Management equalises the air traffic through this area by assigning a new, delayed take-off time to each flight that is to fly through this area. According to Eurocontrol's delay report, 11% of all flights were assigned a CTOT in 2023 (this is the second-highest figure in the last 20 years), but this led to noticeable delays in very few cases, as the take-off time was usually only postponed by significantly less than 15 minutes.  #aviationA2Z #ASD #ArneckeSibethDabelstein

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