UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

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- 0 047

filed March 11, 2011

Application of Air Europa Lineas Aereas, S.A.U. (Air Europa) and S.C. Com pania National de Transporturi Aeriene Romane

– TAROM S.A. (TAROM) for a statement of authorization to permit Air

Europa to display TAROM ’s “ RO ” designator code on Air Europa operated flights : ( i ) between 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 ( ii ) between any point or points in the United States and any point or points in any member of the Europe an Common Aviation Area. Air Europa and TAROM also request a waiver of the 45

- day advance filing requirement under 14 CFR Part 212.

*Approved under assigned authority (14 C.F.R. § 385.13)

Date of Action: March 25 , 2011

Persons entitled to petition the Department for review of this action under the Department’s regulations, 14 CFR § 385.30, should file their petitions within seven days of the date of this action. This action is effective immediately, and the filing of a petition for review will not alter its effectiveness.

We may amend, modify, or revoke the authority granted at any time, without hearing, at our discretion.

* 

### The authority granted is subject t o the attached conditions.

### ATTACHMENT A

The statement s of authorization are subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) Air Europa and TAROM continue to hold the necessary unde rlying authority to operate the code

- share services at issue, and (ii) the code

- share agreement providing for

the code

- share operations remains in effect;

( b ) Air Europa and/or TAROM must notify the Department no later than 30 days before they begin any new code

- share

service under the code

- share services authorized here. Such notice shall identify the market(s) to be served and the date on which the service will begin. Such notices should be filed in Docket DOT

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- 2011

- 0047 ; 1

( c ) Air Europa and/or TAROM must notify the Department immediately if the code

- share agreement under which

these code

- share services are operated is no longer in effect or if the carriers decide to cease operating all or a portion of the approved code

- share services. Such not ices should be filed in Docket DOT

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( d ) The code

- sharing operations conducted under this authority must comply with 14 CFR Part 257 and with any amendments to the Department's regulations concerning code

- share arrangements that may be adop ted. Notwithstanding any provisions in the contract between the carriers, our approval here is expressly conditioned upon the requirements that the subject foreign air transportation be sold in the name of the carrier holding out such service in computer r eservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety of the code share journey for all obligations established in its contract of carriage with th e

pas senger; and that the passenger liability of the operating carrier be unaffected;

(e) The authority granted here is specifically conditioned so that neither Air Europa nor TAROM 

### shall give any force or effect to any contractual provisions between themsel ves that are contrary to these conditions ; and

( f

) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

An electronic version of this document is available on the World Wide Web at http://www.regulations.gov

1 The Joint Applicants state that Air Europa initially plans to display TAROM’s “RO” designator code on flights operated by Air Europa between Madrid and New York (JFK), and between Madrid and Mia mi, beginning as early as March 28, 2011.

2 We expect this notification to be received within 10 days of such non

- effectiveness or of such decision.