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 Joint 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 codeshare 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 

affiliates3

 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 Airlines, 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 Statement, 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, INC 

 
Appendix 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 Malaga
Air 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 Tampa















































CERTIFICATE 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