BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Joint Application of

DELTA AIR LINES, INC. Docket DOT-OST-2011- and AIR EUROPA LINEAS AEREAS, S.A.U.

for Statements of Authorization pursuant to 14 C.F.R. Part 212

JOINT APPLICATION OF DELTA AIR LINES, INC. AND AIR EUROPA FOR STATEMENTS OF AUTHORIZATION

Communications with respect to this document should be sent to:

Aaron A. Goerlich Erin M. Tallardy Garofalo Goerlich Hainbach PC 1200 New Hampshire Ave, NW Washington, DC 20036 (202) 776-3970 agoerlich@ggh-airlaw.com etallardy@ggh-airlaw.com

For AIR EUROPA LINEAS AEREAS, S.A.U. Alexander Van der Bellen, Managing Director, Government Affairs

and Associate General Counsel Jeff Morgan Regional Director, Government Affairs DELTA AIR LINES, INC. 1212 New York Avenue NW, Suite 200 Washington, DC 20005 (202) 842-4184 sascha.vanderbellen@delta.com

August 26, 2011

Notice: The Joint Applicants are requesting expedited treatment of this application. Delta will poll air carrier representatives on the attached service list and will advise the Department of the results.BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Joint Application of

DELTA AIR LINES, INC. Docket DOT-OST-2011- and AIR EUROPA LINEAS AEREAS, S.A.U.

for Statements of Authorization pursuant to 14 C.F.R. Part 212

JOINT APPLICATION OF DELTA AIR LINES, INC. AND AIR EUROPA FOR STATEMENTS OF AUTHORIZATION

Delta Air Lines, Inc. (“Delta”) and Air Europa Lineas Aereas, S.A.U. (“Air Europa”)

(collectively, the "Joint Applicants") hereby apply for blanket statements of authorization

pursuant to 14 C.F.R. Part 212 to engage in reciprocal codeshare services to the full extent

permitted by the U.S.-EU Open Skies Agreement. The Joint Applicants propose to start

codeshare services on or about October 1, 2011. 1

Delta and Air Europa have entered into a reciprocal codesharing arrangement. This

codesharing arrangement will create substantial benefits for passengers traveling between the

U.S. and EU and beyond, and will enable Delta and Air Europa to extend their networks and

market their services more effectively. 2

The proposed services are noncontroversial and are fully consistent with the U.S.-EU

Open Skies Agreement. Specifically, the Jo int Applicants request blanket statements of

authorization under 14 C.F.R. Part 212 permitting Delta to display Air Europa’s UX* code on

1 To the extent necessary , the Joint Applicants also request a waiver of the 45- day advance filing requirement for codeshare statements of authorization under 14 C.F.R. Part 212.
2 A redacted copy of the Delta/Air Europa codeshar e agreement is attached to this Application.Joint Application of Delta and Air Europa Page 2
Delta’s flights and Air Europa to display Delta’s DL* code on Air Europa’s flights in conjunction

with foreign air transportation of persons, property, and mail on flights:

 Between any point or points in the U.S. and any point or points in the EU (on a nonstop basis and via intermediate routings);

 Between any point or points in the U.S. and any other point or points in the European Common Aviation Area;

 Between U.S. points;

 Between points in the EU;

 Beyond the EU to any point or points; and

 Beyond the U.S. to any point or points.
Delta requests that its blanket statement of authorization extend to its Delta Connection regional

affiliates 3 which operate service for Delta within North America.

In support of this Application, the Joint Applicants submit the following:

1. Delta holds a Certificate of Public Convenience and Necessity for Route 840

(Open Skies Certificate), which authorizes Delta to engage in scheduled foreign air

transportation of persons, property and mail between points in the United States and points in

Spain nonstop and via intermediate points and to points beyond Spain. See , Order 2007-4-27,

Dockets DOT OST-2007-27790 and DOT-OST-1999-6246 (April 17, 2007).

2. Air Europa holds authority from the Department to engage in scheduled foreign

air transportation of persons, property and mail from any point or points behind any Member

State of the European Union, via any point or points in any Member State and via intermediate

points, to any point or points in the United States and beyond, and between any point or points

in the United States and any point or points in any member of the European Common Aviation

Area. See , Order 2011-5-15.

3. The proposed codeshare services are consistent with the U.S.-EU Open Skies

3 Atlantic Southeast Airlines, Inc., Chautauqua Airlines , Inc., Comair, Inc., Compass Airlines, Inc., Mesaba Aviation, Inc., Pinnacle Airlines , Inc., SkyWest Airlin es, Inc., and Shuttle America Corporation.Joint Application of Delta and Air Europa Page 3
Agreement. See U.S.-EU Agreement, Article 10, paragraph 7.

4. The codeshare services proposed by the Joint Applicants are fully consistent with

the public interest and DOT policy. The Department recognized in its 1995 International Policy

Statement that codeshare services such as those proposed herein produce important public

benefits:

Code sharing and other cooperative marketing arrangements can provide a cost-efficient way for carriers to enter new markets, expand their systems and obtain additional flow traffic to support their other operations by using existing facilities and scheduled operations. Because these cooperative arrangements can give the airline partners new or additional access to more markets, the partners will gain traffic, some stimulated by the new service, and some diverted from incumbents. In this way, cooperative arrangements can enhance the competitive positions of both partners in such a relationship.

Increased international code sharing and other cooperative arrangements can benefit consumers by increasing international service options and enhancing competition between carriers, particularly for traffic to or from cities behind major gateways. By stimulating traffic, the increased competition and service options should expand the overall international market and increase overall opportunities for the aviation industry. 4

Additional codesharing by Delta and Air Europa between the United States and EU will make

both carriers more competitive for transatlantic traffic. The Joint Applicants agree to accept the

conditions normally applicable to codeshare authority such as requested herein.

5. The Joint Applicants’ initial codeshare markets are set forth in Appendix A.

Pursuant to the streamlined procedures announced in the Department's February 9, 2009

Notice concerning blanket notification of codeshare service to Open Skies partners and points,

this Joint Application also serves as a single blanket 30-day notice covering new codeshare

service for Open Skies points. For points in non-Open Skies countries, the Joint Applicants will

comply with the standard 30-day notice condition set forth in the relevant statements of

authorization. However, consistent with the Department’s administration of similar blanket

statements, travel via alternative gateways and paths would not require additional notice; and,

4 U.S. International Air Transportation Policy St atement, 60 Fed. Reg. 21841, 21842 (May 3, 1995).Joint Application of Delta and Air Europa Page 4
notice by Delta or any of the Delta Connection carriers would be deemed notice given for all

(except in the case of Mexico where operator-specific notices will continue to be supplied for

Delta/Delta Connection services).

6. The Joint Applicants also request that their statements of authorization be issued

for an indefinite period, so long as their codeshare agreement continues in effect, and will notify

the Department if that agreement should cease to be effective.

7. The Joint Applicants agree to abide by the consumer notification requirements of

14 C.F.R. Part 257 as well as the other conditions applicable to codeshare services operated to

or sold in the United States. Delta's engagement in these codeshare services will not affect its

commitment of aircraft to the CRAF program.

8. Delta’s compliance statement on Air Europa’s IOSA codeshare safety audit was

presented to and approved by the Federal Aviation Administration. The FAA has rated Spain a

Category 1 country under the IASA Program.

WHEREFORE, the Joint Applicants respectfully request the Department to grant them

the statements of authorization described above to allow them to offer codeshare services on

each other’s flights and to grant the Joint Applicants such other and different relief as is

consistent with this Application and with the public interest.

Respectfully Submitted,

/s/ Aaron A. Goerlich

____________________________ Aaron A. Goerlich

For AIR EUROPA LINEAS AEREAS, S.A.U. ___________________________ Alexander Van der Bellen

For DELTA AIR LINES, INCAppendix A: Initial Codeshare Markets

Delta on Air Europa

MAD to/from :

JFK New York MIA Miami

BCN Barcelona VGO Vigo OVD Oviedo PMI Palma de Mallorca LPA Las Palmas ACE Lanzarote TCI Tenerife FUE Fuerteventura IBZ Ibiza LIS Lisboa

BCN to/from :

PMI Palma de Mallorca LPA Las Palmas ACE Lanzarote TCI Tenerife IBZ Ibiza MAH Mahon AGP MalagaAir Europa on Delta/Delta Connection

JFK to/from :

MAD Madrid

LAX Los Angeles LAS Las Vegas MCO Orlando MIA Miami SFO San Francisco SAN San Diego ATL Atlanta PHX Phoenix TPA Tampa SEA Seattle FLL Ft. Lauderdale SDQ Santo Domingo, Dominican Republic SJU San Juan

MIA to/from :

MCO Orlando ATL Atlanta TPA TampaCERTIFICATE OF SERVICE

A copy of the foregoing Joint Application has been served this 26th day of August 2011, upon the following persons via email:

Carrier Name Email Address American Carl Nelson carl.nelson@aa.com United/Continental Thomas Bolling thomas.bolling@united.com United/Continental Dan Weiss dan.weiss@coair.com US Airways Benjamin Slocum benjamin.slocum@usairways.com US Airways Howard Kass howard_kass@usairways.com
esta.rosenberg@dot.gov info@airlineinfo.com