UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2011-0173

filed September 15, 2011

Application of Austrian Airlines AG (Austrian)1 for a blanket statement of authorization to permit 

Austrian to display the “CO” designator code of Continental Airlines, Inc. (Continental) on Austrian

operated flights: (1) between any point or points in the United States and any point or points in the

European Union (on a nonstop basis and on routings via intermediate points); (2) between any point or 

points in the United States and any point or points in the European Common Aviation Area; (3) between 

European Union points; (4) beyond the European Union to any point or points; and (5) beyond the 

United States to any point or points.

2

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

 Date of Action: November 23, 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 to the attached conditions.

 1 Austrian requests that its statement of authorization be granted to also include Austrian’s regional affiliates, Lauda Air Luftfahrt 

GmbH (Lauda) and Tyrolean Airways Tiroler Luftfahrt GmbH (Tyrolean). We will grant this request. 2 Austrian states that it initially plans to display Continental’s code on Austrian’s flights between Vienna, Austria, on the one hand, 

and New York (JFK), on the other hand, and beyond Vienna on Lauda or Tyrolean operated flights to Graz, Innsbruck, Klagenfurt, 

Linz, and Salzburg, Austria
ATTACHMENT A

The code-share operations authorized here are subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) Austrian, Lauda, Tyrolean, and Continental

continue to hold the necessary underlying 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) Austrian, Lauda, Tyrolean, and/or Continental must promptly notify the Department (Office of International Aviation) 

if the code-share agreement providing for the code-share operations is no longer effective or if the carriers decide to 

cease operating all or a portion of the approved code-share services. Such notices should be filed in Docket DOTOST-2011-0173.

3

(c) Austrian, Lauda, Tyrolean, and/or Continental 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, which carrier will be operating the aircraft in the code-share market added, and the date on which the service 

will begin. Such notices should be filed in Docket DOT-OST-2011-0173.

(d) The code-sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments 

to the Department’s regulations concerning code-share arrangements that may be adopted. 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 the computer 

reservation 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 the passenger; that the passenger liability of the operating carrier be unaffected; and that the operating carrier shall

not permit the code of its U.S. code-sharing partner to be carried on any flight that enters, departs, or transits the 

airspace of any area for whose airspace the Federal Aviation Administration has issued a flight prohibition.

(e) Any service provided shall be consistent with the provisions of the U.S.-EU agreement, and all applicable agreements 

with other foreign countries involved. Furthermore, (i) nothing in the award of the blanket statement of authorization 

should be construed as conferring upon Continental rights (including code-share, fifth-freedom intermediate and/or 

beyond rights) to serve markets where U.S. carrier rights are limited unless Continental notifies us of its intent to serve 

such market and unless and until the Department has completed any necessary carrier selection procedures to 

determine which carrier(s) should be authorized to exercise such rights;4 and (ii) should there be a request by any 

carrier to use the limited-entry route rights that are included in Continental’s authority by virtue of the blanket 

statement of authorization granted here, but that are not being used by Continental, the holding of such authority will 

not be considered as providing any preference for Continental in a carrier selection proceeding to determine which 

carrier(s) should be entitled to use the authority at issue;

(f) The authority granted here is specifically conditioned so that neither Austrian, Lauda, Tyrolean, nor Continental shall 

give any force or effect to any contractual provisions between themselves that are contrary to these conditions.

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

 3 We expect this notification to be received within 10 days of such non-effectiveness or of such decision. 4 The notice referenced in condition (c) above may be used for this notification.