BARIN Statement – 17 Jul.08
Today the BARIN, Board of Airline Repersentatives in The Netherlands, received a very disappointing verdict of the Court of Appeal The Hague.
The court of appeal confirmed the verdict in first instance. Core of the legal discussion is the way article 15 of the treaty of Chicago should be explained.
The court gave a very strict explanation of article 15; it is of the opinion that the treaty of Chicago never had the purpose to exclude the sovereignty of States concerning the possibility of imposing taxes within their own territory (the ticket tax is such a tax).
The court stated that the treaty of Chicago values the complete and exclusive sovereignty of states over the airspace above its territory.
The court motivated that: article 15 of the treaty only forbids charges (or taxes) solely for the right of transit over or entry into or exit from its territory of any aircraft of a contracting state.
The court is of the opinion that the ticket tax is not a charge (or tax) forbidden under article 15, because the Dutch government only charges the departure of a flight from its own territory and does not charge the right of transit over or entry into or exit from its territory.
From that perspective it was noted by the court that transfer passengers are excluded from this passenger departure tax (ticket tax) levy by the Dutch Government.
The BARIN will thoroughly study the verdict for the purpose of establishing convincing- and solid arguments to be taken into consideration to take this case further to the Court of Cassation – "Hoge Raad", in order to maintain continious founded (legal) pressure on the Dutch Government and Parliament to abolish this unjustifiable tax.
BARIN intends to reach a decision on further steps to be taken, well within the allowed 8 weeks notice period for appeal.
For more information:
BARIN Media Relations, Frank Allard – Secretary General, email firstname.lastname@example.org , tel./sms: 023-5267207 , fax.: 023 5265811.
BARIN Attorney’s: Allen & Overy, Amsterdam, Tel. 020 6741000 Prof. mr H.J. de Ru en prof. mr R.J. Tjittes, advocaten
Websites BARIN : www.barin.nl www.ikverticket.nl .
BARs in Europe www.barinfo.org