Delta Air Lines and Scandinavian Airlines (SAS) have urged the U.S. Transportation Department (DOT) to dismiss JetBlue Airways’ “late-filed” objection to their planned codeshare agreement, calling it untimely and irrelevant.
The two airlines, along with SAS affiliates, applied for approval in June to codeshare on U.S.-Scandinavia flights starting from Sept. 1—the day that SAS joins the SkyTeam alliance.
JetBlue initially filed an objection in July, claiming delays in obtaining similar codeshare approvals in certain European Union (EU) countries. In early August, the New York-based carrier submitted a new objection, citing issues with its own codeshare with Air Serbia.
Delta and SAS argue that these issues are unrelated to their application and should not delay DOT authorization. They have therefore requested expedited approval.
However, the airlines have proposed a potential “carve-out” for the specific European markets of concern if necessary, to allow their codeshare services to begin as scheduled. These comprise Albania, Bosnia-Herzegovina, Croatia, Italy and Montenegro. Delta and SAS say this would enable the DOT to approve the rest of the U.S.-Scandinavia and beyond codeshare authority.
“If the department accepts the 'carve-out,' it should also require JetBlue to promptly update the docket when the codesharing issues with Italy and Croatia are resolved,” a filing to the DOT says. “That course of action would allow the bulk of the Delta-SAS codesharing to begin as planned by Sept. 1, while preserving DOT’s ability to separately address the issues of concern to JetBlue.”
JetBlue and Air Serbia submitted an application to the DOT in June 2023 asking for authority to codeshare on routes between the U.S. and Serbia, either nonstop or via intermediate points, as well as beyond to points in third countries.
The DOT approved the application later that month, authorizing Air Serbia to display JetBlue’s code on flights between Serbia and the U.S., as well as to points served by the airline from Belgrade. In turn, JetBlue was approved to display Air Serbia’s code on flights operated by JetBlue between Air Serbia’s U.S. gateways and any points in the U.S. or beyond.
However, on Aug. 6, JetBlue submitted a formal objection to the DOT against Croatia and Italy. The EU member states, alongside Delta Air Lines, have objected to JetBlue's plans to codeshare on Air Serbia services from Belgrade to Croatia and Italy.
JetBlue says the actions of the countries “are inconsistent with the U.S.-EU open skies agreement and how U.S. and EU carriers codeshare today.” It adds: “Delta and SAS seek to codeshare to Croatia and Italy and at least three other European countries that are analogous to the codesharing JetBlue seeks to do, but is being denied by EU member states.”
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