Aviapartner might loose handling license at BRU to Swissport

[wernerrav4]

A judge of the Tribunal of Commerce of Brussels has blocked the handling contracts granted to Swissport and Flightcare. That means that Aviapartner will remain active at Brussels Airport until a decision is reached on the full process by which these contracts were decided. The court has asked for documnets on the renewal of the contracts to be handed over. This situation could last one or two years.

French: http://www.lecho.be/actualite/entrepris ... 4-3017.art
Dutch: http://www.nieuwsblad.be/Article/Detail ... 110629_059

Does this mean that Swissport cannot start there operations and that Aviapartner is save for the time being?

[HighInTheSky]

A judge of the Tribunal of Commerce of Brussels has blocked the handling contracts granted to Swissport and Flightcare. That means that Aviapartner will remain active at Brussels Airport until a decision is reached on the full process by which these contracts were decided. The court has asked for documnets on the renewal of the contracts to be handed over. This situation could last one or two years.

French: http://www.lecho.be/actualite/entrepris ... 4-3017.art
Dutch: http://www.nieuwsblad.be/Article/Detail ... 110629_059

Does this mean that Swissport cannot start there operations and that Aviapartner is save for the time being?

Indeed...

Belgium at its best!

[9vsmu]

A judge of the Tribunal of Commerce of Brussels has blocked the handling contracts granted to Swissport and Flightcare. That means that Aviapartner will remain active at Brussels Airport until a decision is reached on the full process by which these contracts were decided. The court has asked for documnets on the renewal of the contracts to be handed over. This situation could last one or two years.

French: http://www.lecho.be/actualite/entrepris ... 4-3017.art
Dutch: http://www.nieuwsblad.be/Article/Detail ... 110629_059

Does this mean that Swissport cannot start there operations and that Aviapartner is save for the time being?

Indeed...

Belgium at its best!

What is this remark suppost to mean ??

[HighInTheSky]

What is this remark suppost to mean ??

It means that it is ridiculous that we have to wait until there is a judge that takes a decision about who can get a handling license... I mean my god one to two years? Really??

Just take all the applications/proposals, put them on a table and compare them and the 2 that are best, win.

I just saved us 2 years of wasted time and bad handling!

[9vsmu]

Would you care to elaborate on "bad handling" ?

You seem convinced both Swissport and FC give good handling/service.
Did you know Swissport planned to do same handling with half the equipment ?
Did you know Swissport wanted one week extension to put down tender, as thet were bankrupt (on paper) They needed that additional week so HQ could go to bank and transfer some money.
Did you know that they don't pay according to PC226, so they could give cheaper prices.

The fact that court ruled to postpone shows that the game was not played with same rules for all players.

[sn26567]

If the whole procedure has been irregular, it is normal that justice takes the time necessary to look thoroughly through it. It is indeed Belgium at its best, without being sarcastic: justice is doing its job, nothing less, nothing more.

Listening to the arguments of Aviapartner, it was clear from the beginning that the procedure was rigged in order to get Swissport in, even if they did not have the right qualifications. Aviapartner was not the only one to complain, Menzies did too.

And in the meantime, service will continue to be insured by Flightcare and Aviapartner, without discontinuity, be it for 3 months, one year or 5 years if needed.

[HighInTheSky]

I don't mean to say that Flightcare is better, not at all, they are the worst!

What I do mean is that it is complete bullsh*t to delay all of this up to two years!

Frankly, I don't care who gets the contracts, as long as it are the two best.

BTW, bad handling in my eyes is all those hours of delays I gathered thanks to FC in the past years due to: no ground crew to load the plane, redcaps that are forced to do 3 or 4 flights at the same time and thus are coming too late with the loadsheet on board, the de-icing saga every year,...

So, If you read this all, you'll notice I'm not at all a fan of FC !

[cnc]

If the whole procedure has been irregular, it is normal that justice takes the time necessary to look thoroughly through it. It is indeed Belgium at its best, without being sarcastic: justice is doing its job, nothing less, nothing more.

do you really need 1 to 2 years for that? a month at most!

[LJ]

What is this remark suppost to mean ??

It means that it is ridiculous that we have to wait until there is a judge that takes a decision about who can get a handling license... I mean my god one to two years? Really??

However, that's not unique to Belgium. These things take time and in many countries in the world you'll see contracts blocked until there is a final ruling. In fact, many companies use litigation as a weapon against competitors. Moreover, you must congratulate Belgium from entering the league of modern countries where sueing your competitor is part of the competitive landscape. You may not like it, but it's very modern. Welcome to the club....

do you really need 1 to 2 years for that? a month at most!

No, if you know how busy courts are nowadays (and not only in Belgium), you'll see why it will take this long. There is no reason for urgency for this case as the airport can function without the contracts. Moreover as there are two cases, one by Aviapartner and one by Menzies.

Just take all the applications/proposals, put them on a table and compare them and the 2 that are best, win.

That's a very simplistic way of looking at it. Basically, if Menzies or Aviapartner can prove any bias towards Swissport, then the chances for Swissport will be low to be elected in a new contest. Needless to say this is very beneficial for Aviapartner and Menzies, which don't have any incentive to agree to such a process. The only clear winners are the lawyers of all parties.

[sn26567]

Reaction of Swissport: they will look at which steps they can take to counter the decision of the Tribunal of Commerce of Brussels:

(Dutch) http://www.metrotime.be/nlnewsbelga.htm ... d=63895822

[b.lufthansa]

Question-marks where raised from the beginning.

In these important cases (max. 2 handlers at 1 airport) I would expect an independent company would search for the 2 most viable handlers iso the board of directors of Brussels Airport.

[sn26567]

After Swissport, Brussels Airport Company also lodges an appeal against the decision of the Tribunal of Commerce:

viewtopic.php?f=31&t=45224

[sn26567]

According to La Libre Belgique this morning, BATA (the Association of Belgian Airlines) now wants a complete liberalisation of the handling at Brussels Airport, or at least the selection of a third handler.

[zteven]

Complete liberalisation? Not going to happen.

Also, no appeal was lodged against the decision of the Tribunal of Commerce (so far).
Not by Swissport and not by TBAC.

Greetz,

[actarus]

Flightcare probably sold to owners of Swissport



The venture capital group PAI, which includes Swissport checks, is poised to take over Flight Care. This writes the Spanish newspaper "Expansion".


What 'Expansion' exactly writes, is that the owner of Flight Care, the Spanish construction group 'Fomento de Construcciones y Contratas (FCC), PAI would negotiate exclusively with the sale. This transaction would hang a price tag of 140 to 150 million.

After the acquisition would Flightcare in Swissport be integrated. What Brussels Airport, it would mean that Swissport over the license of Flight Care - at no additional legal proceedings - access to all the handling operations at the air side.

Swis

[sn26567]

In the court case "Brussels Airport vs Aviapartner and Menzies", the Brussels Commercial Court acknowledges that Brussels Airport was 100% right. No mistakes were made in the 2011 handling tender and the selection process was carried out in a diligent and legitimate way.