BWBV0002584
Geldig vanaf 01-01-1994
Artikel 6
Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Hongarije inzake luchtvaartdiensten tussen en via hun onderscheiden grondgebieden
1. The Contracting Parties agree to the application of a country of origin tariff approval regime as set forth in the provisions of this Article.
2. Each Contracting Party shall allow tariffs for air transportation to be established by each designated airline based upon commercial considerations in the marketplace and other relevant factors, including cost of operation and tariffs of other airlines for any part of the specified route. Tariffs shall, whenever possible, be agreed between the designated airlines.
3. Aeronautical authorities of both Contracting Parties shall disapprove tariffs for air transportation originating in their respective territories which are:
a) unreasonably discriminatory in fares and/or conditions;
b) unreasonably high or restrictive due to the abuse of a dominant position and therefore harm the interest of consumers;
c) artificially low due to direct or indirect governmental subsidy or support which aims at protection of the airline in question.
4. If the aeronautical authorities of a Contracting Party, where the air transportation originates, believe that a tariff is not in compliance with the principles set out in paragraph 2 and warrants intervention, they shall notify the aeronautical authorities of the other Contracting Party immediately.
The aeronautical authorities of the Contracting Party in which the air transportation originates may take unilateral action to prevent the inauguration of the said tariff.
5. When operating a route under fifth freedom traffic rights a designated airline shall not be allowed to charge tariffs for comparable categories which are lower than the tariffs charged by airlines operating under third and/or fourth freedom traffic rights.
However, when operating a route under fifth freedom traffic rights a designated airline shall have the right to match the tariffs of any other airline operating that particular route, operating under third, fourth or fifth freedom traffic rights.
6. Each Party may require filing with its aeronautical authorities of tariffs charged or proposed to be charged to or from its territory.
7. If filing is required, the tariffs shall be submitted by the designated airlines no more than thirty (30) days before the proposed date of effectiveness, except where the said authorities agree to reduce this period in special cases.
8. Approval of tariffs may be given expressly; or, if the aeronautical authorities in question have not expressed disapproval within fifteen (15) days from the date of submission, in accordance with paragraph 7 of this Article, the tariffs shall be considered approved.
In the event of the period for submission being reduced, as provided for in paragraph 7 of this Article, the period within which any disapproval must be notified shall be reduced accordingly.
9. Tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established.
10. The designated airlines of both Contracting Parties may not charge tariffs different from those which have been established in conformity with the provisions of this Article.
11. Aeronautical authorities shall, whenever necessary or required by either side, consult on the application of this Article and/or the tariffs applied by designated airlines.
2. Each Contracting Party shall allow tariffs for air transportation to be established by each designated airline based upon commercial considerations in the marketplace and other relevant factors, including cost of operation and tariffs of other airlines for any part of the specified route. Tariffs shall, whenever possible, be agreed between the designated airlines.
3. Aeronautical authorities of both Contracting Parties shall disapprove tariffs for air transportation originating in their respective territories which are:
a) unreasonably discriminatory in fares and/or conditions;
b) unreasonably high or restrictive due to the abuse of a dominant position and therefore harm the interest of consumers;
c) artificially low due to direct or indirect governmental subsidy or support which aims at protection of the airline in question.
4. If the aeronautical authorities of a Contracting Party, where the air transportation originates, believe that a tariff is not in compliance with the principles set out in paragraph 2 and warrants intervention, they shall notify the aeronautical authorities of the other Contracting Party immediately.
The aeronautical authorities of the Contracting Party in which the air transportation originates may take unilateral action to prevent the inauguration of the said tariff.
5. When operating a route under fifth freedom traffic rights a designated airline shall not be allowed to charge tariffs for comparable categories which are lower than the tariffs charged by airlines operating under third and/or fourth freedom traffic rights.
However, when operating a route under fifth freedom traffic rights a designated airline shall have the right to match the tariffs of any other airline operating that particular route, operating under third, fourth or fifth freedom traffic rights.
6. Each Party may require filing with its aeronautical authorities of tariffs charged or proposed to be charged to or from its territory.
7. If filing is required, the tariffs shall be submitted by the designated airlines no more than thirty (30) days before the proposed date of effectiveness, except where the said authorities agree to reduce this period in special cases.
8. Approval of tariffs may be given expressly; or, if the aeronautical authorities in question have not expressed disapproval within fifteen (15) days from the date of submission, in accordance with paragraph 7 of this Article, the tariffs shall be considered approved.
In the event of the period for submission being reduced, as provided for in paragraph 7 of this Article, the period within which any disapproval must be notified shall be reduced accordingly.
9. Tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established.
10. The designated airlines of both Contracting Parties may not charge tariffs different from those which have been established in conformity with the provisions of this Article.
11. Aeronautical authorities shall, whenever necessary or required by either side, consult on the application of this Article and/or the tariffs applied by designated airlines.
- Citeren als
- Art. 6
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0002584
- Officiële bron
- wetten.overheid.nl