BWBV0006889
Artikel 16
Verdrag tussen de Regering van het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Regering van de Verenigde Arabische Emiraten inzake luchtdiensten tussen en via hun onderscheiden grondgebieden
1. Each Contracting Party shall allow Tariffs to be established by each Designated Airline based upon its commercial considerations in the market place. Neither Contracting Party shall require the Designated Airlines to consult other Airlines about the Tariffs they charge or propose to charge.
2. Each Contracting Party may require prior filing with its Aeronautical Authorities, of Tariffs to be charged to or from its Territory by Designated Airlines of both Contracting Parties. Such filing by or on behalf of the Designated Airlines may be required by no more than thirty (30) days before the proposed date of effectiveness. In individual cases, filing may be permitted on shorter notice than normally required. If a Contracting Party permits an Airline to file a Tariff on short notice, the Tariff shall become effective on the proposed date for traffic originating in the Territory of that Contracting Party.
3. Except as otherwise provided in this Article, neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a Tariff proposed to be charged or charged by a Designated Airline of either Contracting Party for international air transportation.
4. Intervention by the Contracting Parties shall be limited to:
a. Prevention of Tariffs whose application constitutes anti-competitive behavior which has or is likely to or intended to have the effect of crippling a competitor or excluding a competitor from a route;
b. Protection of consumers from Tariffs that are unreasonably high or restrictive due to the abuse of a dominant position; and
c. Protection of Designated Airlines from Tariffs that are artificially low.
5. If a Contracting Party believes that a Tariff proposed to be charged by a Designated Airline of the other Contracting Party for international air transportation is inconsistent with considerations set forth in paragraph 4 of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) days after receipt of the request, and the Contracting Parties shall cooperate in securing information necessary for reasoned resolution of the issue. If the Contracting Parties reach agreement with respect to a Tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement to the contrary, the previously existing Tariff shall continue to be in effect.
2. Each Contracting Party may require prior filing with its Aeronautical Authorities, of Tariffs to be charged to or from its Territory by Designated Airlines of both Contracting Parties. Such filing by or on behalf of the Designated Airlines may be required by no more than thirty (30) days before the proposed date of effectiveness. In individual cases, filing may be permitted on shorter notice than normally required. If a Contracting Party permits an Airline to file a Tariff on short notice, the Tariff shall become effective on the proposed date for traffic originating in the Territory of that Contracting Party.
3. Except as otherwise provided in this Article, neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a Tariff proposed to be charged or charged by a Designated Airline of either Contracting Party for international air transportation.
4. Intervention by the Contracting Parties shall be limited to:
a. Prevention of Tariffs whose application constitutes anti-competitive behavior which has or is likely to or intended to have the effect of crippling a competitor or excluding a competitor from a route;
b. Protection of consumers from Tariffs that are unreasonably high or restrictive due to the abuse of a dominant position; and
c. Protection of Designated Airlines from Tariffs that are artificially low.
5. If a Contracting Party believes that a Tariff proposed to be charged by a Designated Airline of the other Contracting Party for international air transportation is inconsistent with considerations set forth in paragraph 4 of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) days after receipt of the request, and the Contracting Parties shall cooperate in securing information necessary for reasoned resolution of the issue. If the Contracting Parties reach agreement with respect to a Tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement to the contrary, the previously existing Tariff shall continue to be in effect.
- Citeren als
- Art. 16
- Status
- Geldend recht
- Identificatie
- BWBV0006889
- Officiële bron
- wetten.overheid.nl