Regulation in accordance with § 57c of the Air Traffic Act for Air Traffic (Air Traffic Light Ordinance-LuftSchlichtV)

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Air SchlichtV

Date of completion: 11.10.2013

Full quote:

" The Regulation on air traffic control of 11. October 2013 (BGBl. I p. 3820)

Footnote

(+ + + Text evidence from: 1.11.2013 + + +) 

  

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Input formula

On the basis of § 57c sentence 1 and 2 first half-sentence of the Aviation Act, which is defined by Article 1 (3) of the Law of 11 June 2013 (BGBl. 1545), the Federal Ministry of Justice, in agreement with the Federal Ministry of Transport, Building and Urban Development, the Federal Ministry of Food, Agriculture and Consumer Protection, and the Federal Ministry of Transport and Tourism, Federal Ministry of Economics and Technology: Unofficial table of contents

Content Summary

Section 1Private Law
organised mediation

§ 1	Recognition
§ 2	Seat
§ 3	Occupation and business distribution of the Schlichtungsstelle
§ 4	Schlichter
§ 5	Concern of partiality
§ 6	Advisory Council
§ 7	Office
§ 8	Procedural rules
§ 9	Activity Report

Section 2Procedure for the
Private law
and administrative arbitration

§ 10	Procedural principles
§ 11	Appeal to the Schlichtungsstelle
§ 12	Inadmissibility of mediation
§ 13	Dispute resolution
§ 14	Proposal for a resolution
§ 15	Termination of mediation

Section 3Additional provisions

§ 16	Simplified procedure
§ 17	Detection procedure

Section 4Final provisions

§ 18	Transitional arrangements
§ 19	entry into force

Section 1
Private-sector mediation

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§ 1 Recognition

(1) Private legally-organised bodies may be recognised as concretions in accordance with § 57 (1) of the Air Traffic Act, if the Schlichtungsstelle, its rules of procedure and the settlement of its charges are subject to the requirements of § § 57 and 57b of the Air Transport Act as well as those of Sections 2 to 16 (1) and (3). (2) Any amendment to the Rules of Procedure and the settlement of charges shall be submitted by the Schlichtungsstelle (Schlichtungsstelle) to the Federal Ministry of Justice for at least two months Entry into force of the change. Unofficial table of contents

§ 2 Seat

The Schlichtungsstelle (Schlichtungsstelle) shall be located in the Federal Republic of Germany. Unofficial table of contents

§ 3 Occupation and division of business of the Schlichtungsstelle

(1) The Schlichtungsstelle is to be filled with at least two Schlichters. The conciliators represent each other. (2) Before each financial year, the business distribution shall be determined. A change in the business distribution during the financial year is permissible only for important reasons. Unofficial table of contents

§ 4 Schlichter

(1) The arbitration shall be made by a conciliator. (2) Schlichter shall be appointed for at least four years. One of the conciliators is to be ordered to the head of the Schlichtungsstelle. The orders are subject to the approval of the Advisory Board. Reorder is permitted. (3) Schlichter must have the competence to the judge's office and have the expertise, skills and experience required for the work of the conciliator. The conciliators must be independent and offer the guarantee of impartial arbitration. The independence and impartiality of the conciliators as set out in the second sentence shall not be guaranteed, in particular, if they have been employed for the last three years prior to their appointment to:

1.

an air carrier participating in the conciliation by the conciliation body, or a company affiliated with it, or

2.

an association of interests in the air transport industry to which an air carrier participating in the conciliation by that conciliation body, or a company affiliated with it, is a member, or

3.

an association that is responsible for consumer interests in air transport.

During the period of the order, the conciliator shall not be entitled to take up employment in accordance with the third sentence. Nor shall he take up any activity which is capable of affecting his independence and impartiality. (4) Schlichter shall not be bound by instructions. They can only be dismissed if:

1.

facts which cannot be expected to result in an independent execution of the activities of the Schlichteroccupation,

2.

they are not only temporarily prevented from carrying out their work of conciliation, or

3.

is another important reason.

The convocation shall be subject to the approval of the Advisory Board. (5) Schlichter shall maintain secrecy on everything that is known to them at or on occasion of their activity. This shall also apply after the end of their duties. Unofficial table of contents

§ 5 Concern of partiality

(1) A conciliator shall not act in the event of a dispute if there is a reason which is capable of justifying distrust of his impartiality. (2) The details of the Rules of Procedure shall be governed by § 8. Unofficial table of contents

§ 6 Advisory Council

(1) The Schlichtungsstelle (Schlichtungsstelle) maintains an advisory board, in which the interests of the companies and consumers are represented. These include the Advisory Board with the same number of members:

1.

Representatives of the air carriers participating in the conciliation by the conciliation body, or of their air traffic-economic interest groups, and

2.

Representatives of associations representing consumer interests in air transport.

(2) Further persons appointed by the conciliation body may be members of the Advisory Board, in particular representatives of the Federal Government, the German Bundestag and the Länder, if it is guaranteed that the Advisory Council shall be represented by representatives of the parties involved in the conciliation procedure. participating carriers, as well as their air traffic economic interest groups, and representatives of associations representing consumer interests in the air transport sector, in each case belong to the same number. The total number of representatives of the air carriers participating in the conciliation by this conciliation body, their air transport economic interest groups and the representatives of the associations representing consumer interests in the air transport sector shall not be less than the number of other members of the Advisory Board. (3) If the office is set up inter-modal, the Advisory Council may also be members of persons other than those referred to in the second sentence of paragraph 1 and paragraph 2. These persons shall not be entitled to participate in decisions concerning the arbitration in the air transport pursuant to § 4 (2) sentence 3 and (4) sentence 3 as well as in accordance with § 8 (2). (4) The Advisory Board members shall be appointed for at least four years. Reorder is allowed. Unofficial table of contents

§ 7 Office

The Schlichtungsstelle (Schlichtungsstelle) shall establish a business office. § 4 (5) shall apply to the persons working in the office of the office. Unofficial table of contents

§ 8 Rules of Procedure

(1) The Schlichtungsstelle (Schlichtungsstelle) has to give itself a procedural order which meets the requirements of the Schlichtungsstelle and the settlement procedure in accordance with § § 57 and 57b of the Aviation Act as well as in accordance with § § 2 to 7 and § § 9 to 16 (1) and 3. (2) The Rules of Procedure shall require the approval of the Advisory Board. Unofficial table of contents

Section 9 Activity report

An annual activity report shall be drawn up and published by the Schlichtungsstelle (Schlichtungsstelle). A copy of the activity report shall be sent to the Federal Ministry of Justice immediately after publication.

Section 2
Procedures for private-sector and administrative arbitration

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Section 10 procedural principles

(1) The language of the proceedings is German, unless the place of dispute, passenger and air carrier is to agree on a different language of the proceedings on a case-by-case basis. (2) Declarations in the dispute settlement procedure, in particular in the case of dispute resolution, and other communications of the parties concerned or of the Schlichtungsstelle require the text form. Declarations and supporting documents of the parties concerned may be submitted electronically to the Schlichtungsstelle (Schlichtungsstelle), if it has opened up access to it. If declarations and supporting documents are not submitted electronically to the Schlichtungsstelle (Schlichtungsstelle), they shall be transmitted by the parties in duplicate at the request of the Schlichtungsstelle (Schlichtungsstelle). The Schlichtungsstelle (Schlichtungsstelle) may electronically transmit statements and documents to a party if it has opened an access to it. (3) The parties concerned may be represented in the proceedings. A written authorisation shall be submitted at the request of the Schlichtungsstelle. Unofficial table of contents

§ 11 Call to the Schlichtungsstelle

(1) The referral to the Schlichtungsstelle shall be made with an indication of the facts and the claim and with the supporting documents required. The passenger shall continue to show that there is a dispute over claims under Section 57b (1) of the Air Transport Act, that he has asserted the right to the air carrier directly and has been entitled to more than one person since the event was in force. two months have passed. (2) The Schlichtungsstelle (Schlichtungsstelle) confirms to the passenger the receipt of his request for retraining. (3) If the calling party is not in accordance with the formal requirements, or if the required information or supporting documents are missing in accordance with paragraph 1, the position of the ghost shall be notified to the passenger and shall call upon him to: three weeks to address the deficiencies of the call. This shall apply even if there is evidence that the Schlichtungsstelle cannot be called upon pursuant to Section 57b (2) of the Air Transport Act. The period referred to in the first sentence may be extended. If the deficiencies are not remedied within the time limit, the request for the settlement shall be deemed to be withdrawn. The Schlichtungsstelle (Schlichtungsstelle) shall inform the passenger that a dispute settlement procedure is not being carried out. Unofficial table of contents

§ 12 Inadmissibility of mediation

(1) If a conciliation body is called for due to a dispute which is not subject to arbitration under § § 57 to 57b of the Air Traffic Act or a conciliation by this conciliation body, the conciliator rejects the conciliation. If another arbitration body can be called up because of the dispute, the conciliation body shall issue the request for conciliation with notification of the passenger to the other conciliation office. (2) The conciliator shall reject the conciliation if: (3) The conciliator may refuse to be closed if the condition of Section 57b (3) of the Air Transport Act is fulfilled. (4) The rejections referred to in the first sentence of paragraph 1 as well as the rejections of the Paragraphs 2 and 3 shall be explained briefly and in a comprehensible way. The Schlichtungsstelle (Schlichtungsstelle) shall notify the passenger of the refusal within three weeks after having become aware of the reason for refusal. Unofficial table of contents

§ 13 Schlichtprocedures

(1) If a conciliation is not rejected in accordance with § 12, the conciliation body shall forward the request for conciliation to the air carrier. The air carrier shall be able to deliver its opinion within four weeks. The passenger shall be informed of this. The Schlichtungsstelle (Schlichtungsstelle) may request the air carrier to supplement its particulars and documents within a further two weeks. (2) The air carrier shall not deliver an opinion within the time limits set out in the second sentence of paragraph 1 and 4. the conciliator shall submit a proposal for a resolution in accordance with § 14 (1) and (2) (3) of the file. An opinion of the air carrier shall be sent to the passenger by the conciliatory authority. The passenger can reciprocate within two weeks. If the opinion of the air carrier shows that the request for conciliation is not sufficiently well founded, the necessary documents are not provided or the conditions for the rejection of the conciliation pursuant to § 12 (1) to (3) , the concreting point shall indicate the passenger with the lead. In order to supplement its presentation, the period after sentence 2 may be extended. (4) If the air carrier states in its opinion that it will comply with the claim, the Schlichtungsstelle shall inform the passenger that the request is made. (5) A procedure in accordance with paragraphs 1 to 4 may be waited if the appeal to the Schlichtungsstelle is abusive or the claim made already after the presentation of the passenger. is clearly unfounded. In such cases, the dispute settlement procedure shall end with a notice to the passenger, which shall be explained briefly and comprehensibly. Article 12 (4), second sentence, shall apply. (6) The private law-making body may provide in its Rules of Procedure that the time limits referred to in the second sentence of paragraph 1 may be shortened. Unofficial table of contents

Section 14 SchlichtungsProposal

(1) The conciliator shall, on the basis of the presentation of the parties concerned, submit a proposal for a resolution, taking into account the evidence submitted. The draft proposal follows the applicable law and must be appropriate to settle the dispute between the parties appropriately. The proposed settlement may also consist in the communication that the claimed claim exists in full or does not exist. The SchlichtungsProposal may also include a recommendation as to whether and to what extent further costs which are not incurred by the Schlichtungsstelle shall be borne by the parties concerned. (2) The proposal for a resolution is short and (3) The proposal for a resolution shall be transmitted no later than 90 days after receipt of the request for light pursuant to Section 11 (1). If the passenger supplements his or her information or supporting documents in accordance with Article 11 (3), the time limit shall begin in accordance with the first sentence after receipt of such information or supporting documents. (4) The submission of the proposal for the submission shall include the possibility of acceptance of the proposal. The deadline referred to in Article 15 (1) and its form, as well as the fact that they are not obligated to accept them, and that a contractual binding effect occurs upon acceptance of the proposed settlement proposal by both parties. In addition, the passenger shall be informed that, if accepted by both parties, he/she will no longer be able to assert his or her successful legal proceedings against the claim originally claimed. It should also be pointed out that, in the event of non-acceptance by a person concerned, it is entitled to bring the case to the courts. Unofficial table of contents

Section 15 Termination of arbitration

(1) The Schlichtungsproposal may be adopted within four weeks of access by the parties concerned. (2) After the expiry of the period referred to in paragraph 1, the Schlichtungsstelle shall inform the party concerned of the result. This communication concludes the procedure. (3) If there is no agreement, the communication referred to in paragraph 2 is a certificate of an unsuccessful attempt to enter into force pursuant to Article 15a (3) sentence 3 of the Act concerning the introduction of the Civil process order. The names of the parties concerned shall be indicated.

Section 3
Other provisions

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Section 16 Simplified procedure

(1) The private law-making body may provide in its Rules of Procedure that the Schlichtungsstelle (Schlichtungsstelle), the Schlichtungsstelle (Schlichtungsstelle) and the Schlichtungsstelle (Schlichtungsstelle), the Schlichtungsstelle (Schlichtungsstelle) (Schlichtungsstelle) and , which shall be based on the passenger's statements and in accordance with Article 14 (1) (2) to (4) and (2). If such a proposal is sent, the Schlichtungsstelle shall inform the passenger hereafter with the presentation of the proposal, as soon as the air carrier has taken a position in accordance with the second sentence of Article 13 (1). (2) The official authorities shall inform the air carrier. In accordance with the first sentence of Article 13 (1), first sentence, the air carrier may send the air carrier a proposal for a decision based on the passenger's statements and, moreover, the second sentence of Article 14 (1) and (2) to (4), and Paragraph 2. If such a proposal for a resolution is sent, the Schlichtungsstelle shall inform the passenger hereafter, with the aid of the proposal for a decision, as soon as the air carrier has taken a position in accordance with the second sentence of Article 13 (1). (3) For simplified The procedures referred to in paragraphs 1 and 2 shall apply in accordance with the first and second sentences of Article 14 (4) and the first sentence of Article 15 (1) and (2). If an agreement is reached, the conciliation procedure is terminated. Otherwise, the dispute settlement procedure will continue. Unofficial table of contents

§ 17 Verification Mechanism

(1) In order to prove the conditions for a fee in accordance with § 57 (5) of the Air Traffic Act, the conciliation body shall draw up an overview of the number and the number of cases for the period of two years from the date of recognition and acceptance of the conciliation. Results of the concretions. In so doing, the dispute settlement procedure in which the claim was wholly or partly justified in accordance with the proposed settlement proposal and those in which the claim was unfounded in accordance with the draft proposal are to be presented separately. (2) Where this is the case, the following shall be considered: If the Schlichtungsstelle (Schlichtungsstelle) in the period referred to in the first sentence of paragraph 1 has made claims in more than half of the cases, which did not pass after the proposals for the resolution, the Schlichtungsstelle (Schlichtungsstelle) at the Federal Office for The Court of Justice shall request that the proof referred to in Article 57 (5), first sentence, of the Air traffic law is provided. The overview referred to in paragraph 1 shall be attached to the application. (3) The Federal Office of Justice shall examine whether proof is provided in accordance with the first sentence of Article 57 (5) of the Air Transport Act and, if necessary, asks the Schlichtungsstelle to supplement information and Documents on.

Section 4
Final provisions

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Section 18 Transitional regime

§ 6 (1) sentence 2, paragraphs 2 and 3 shall apply to private-sector entities which have already been recognized by the Federal Government as connotations in the transport sector before 1 November 2013, until 9 July 2015. Unofficial table of contents

Section 19 Entry into force

This Regulation shall enter into force on 1 November 2013.