Post by xyz3800 on Feb 28, 2024 10:41:14 GMT
Minister João Otávio de Noronha, president of the Superior Court of Justice, accepted Avianca's request and suspended the effects of the decision of the Court of Justice of São Paulo that had allowed the continuation of legal actions or administrative measures related to the seizure of planes in the possession of airline, which is undergoing judicial recovery. reproduction Seizing Avianca planes jeopardizes the company's economic recovery. reproduction In the decision, the minister considered that the seizure of the aircraft would directly compromise the viability of the company's economic recovery, in addition to causing potential losses to employees, consumers and the national transport market itself.
In the Avianca recovery process, the court had initially determined that, until the general meeting of creditors - which will take place in the first half of April -, legal actions and administrative measures aimed at the seizure or other acts of constriction of aircraft that were in the company's possession. Against the decision, the National Civil Aviation Agency (Anac) filed an appeal with the São Paulo court, which gave suspensive effect to Exit Mobile Number List the appeal and, consequently, allowed Anac to exercise its legal powers in relation to the national civil aviation market and International. In the request for suspension addressed to the STJ, Avianca claimed that guaranteeing the lessors' rights cannot harm the provision of public air transport services, the preservation of which is Anac's institutional mission.
According to the company, there are around 900,000 passengers with tickets issued for flights between February 19 and April 11, 2019, who could not be reallocated on flights from other companies, given that flight cancellations due to the company's insolvency operator waives the right to relocation. Also according to Avianca, in the event of blocking of its activities, locations such as Juazeiro do Norte (CE), Petrolina (PE), Chapecó (SC), Ilhéus (BA) and Navegantes (SC) would be almost completely unserved, as the company accounts for up to 80% of the market in these regions. According to minister João Otávio de Noronha, the attribution of a suspensive effect by the TJ-SP allowed, in practice, the immediate administrative cancellation of the registration of aircraft or engines in the name of Avianca.
In the Avianca recovery process, the court had initially determined that, until the general meeting of creditors - which will take place in the first half of April -, legal actions and administrative measures aimed at the seizure or other acts of constriction of aircraft that were in the company's possession. Against the decision, the National Civil Aviation Agency (Anac) filed an appeal with the São Paulo court, which gave suspensive effect to Exit Mobile Number List the appeal and, consequently, allowed Anac to exercise its legal powers in relation to the national civil aviation market and International. In the request for suspension addressed to the STJ, Avianca claimed that guaranteeing the lessors' rights cannot harm the provision of public air transport services, the preservation of which is Anac's institutional mission.
According to the company, there are around 900,000 passengers with tickets issued for flights between February 19 and April 11, 2019, who could not be reallocated on flights from other companies, given that flight cancellations due to the company's insolvency operator waives the right to relocation. Also according to Avianca, in the event of blocking of its activities, locations such as Juazeiro do Norte (CE), Petrolina (PE), Chapecó (SC), Ilhéus (BA) and Navegantes (SC) would be almost completely unserved, as the company accounts for up to 80% of the market in these regions. According to minister João Otávio de Noronha, the attribution of a suspensive effect by the TJ-SP allowed, in practice, the immediate administrative cancellation of the registration of aircraft or engines in the name of Avianca.