East Star Airlines.
Express reporter Huang Qiong correspondent cloud method declared
grounded so as a piece of paper, private airline East Star Airlines sued South Africa Civil Aviation Authority “behavior” inappropriate, ask the court ruled that the administrative act is invalid. Yesterday morning, the Guangzhou Baiyun district court’s concern over this country, “the first civil case,” the first instance verdict, East Star Airlines found there is “a major security risk”, the decision rejected the claim.
grounded: East Star experience with inspection and dun
Court has examined, East Star Airlines since December 22, 2005 register set up Since South Africa Civil Aviation Authority in the daily supervision of the process, has found a security foundation is weak, and poor ability to control security risks. February 2009, East Star Airlines, due to restructuring negotiations, internal unrest, followed by the Civil Aviation Safety Supervision Office of Hubei, China’s Civil Aviation Authority has sent a notice, saying that East Star Airlines, a security risk, South Africa Civil Aviation Authority requires close monitoring.
next day, the South Africa Civil Aviation Authority that is composed of two security inspection teams on the East Star Airlines to conduct a comprehensive inspection and found that there often is not in the leadership position, maintenance release of a serious shortage of staff, operation control system arrears, overdue wages and many other security management, result in the program can not put in place, pose a security risk. The same month, General Electric Commercial Aviation Services Limited, Aircraft Leasing Co., Ltd., Eitel six creditors to submit to the Wuhan City Intermediate People’s Court “petition”, said the East Star Airlines has a total of 7412 million yuan of debt due, the request to its bankruptcy liquidated. At the same time, East Star Airlines, the actual control of Li Lan, due to unauthorized outbound detained by public security departments.
2009 年 3 14, Wuhan municipal government office sent a letter to the Civil Aviation Authority requirements of South East Star Airlines grounded its then grounded on the same day will be issued order.
Court: Eastern Star does have flight safety
court, after hearing that the civil aviation industry is a special industry, the shoulder protect the life and property safety of the passengers responsibility, so the safe operation of its primary task. The high-speed operation of civil aircraft, civil aviation security incidents affecting a wide range of major public safety related industry characteristics, determines the civil aviation sector management tools must be efficient, timely and effective. As a result, the safety of civil aviation requirements more stringent.
case, the Civil Aviation Authority in the South East Star Airlines, the continuous monitoring revealed that the company did not exist to establish a sound safety management system and the safe operation of the mode, time-out flight, illegal release event frequency, flight crew team instability, a serious shortage of professional and technical personnel, maintenance and management chaos, pilots wage arrears and other serious problems endangering flight safety, the rectification has not improved after repeated ordered.
with East Star Airlines, Wuhan municipal government office where the letter also asked grounded East Star Airlines flights, which accordingly finds that East Star Airlines, there are significant security risks seriously affect flight safety.
grounded not been told?
procedural errors do not affect the facts that
after the trial, made the East Star Airlines, based only on the Civil Aviation Bureau of Wuhan City, Central South Office The letter fails to perform such investigation and evidence collection procedures, grounded decisions made no factual and legal basis, the program illegal, then sue the accused’s grounded to a dead end.
this regard, the court held that the East Star Airlines, a major security risk does exist, although the Civil Aviation Authority in South Africa published in such manner that the telegram so grounded in the program have the right to not inform the other defects, but the flaws in the present case findings of fact does not affect the defendant according to investigate the facts of the East Star Airlines Co., an administrative compulsory measures inappropriate.
this connection, the Court of First Instance verdict grounded rational, rejected all the demands of the East Star Airlines. East Star Airlines, said appealed his conviction to the Guangzhou Intermediate People’s Court on this appeal.
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