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Judge Tiago Henrique Papaterra Limongi of São Paulo's 1st Bankruptcy and Judicial Bankruptcy Court granted a preliminary injunction to Anac on Tuesday (11/12), allowing him to retain all the concessions of Avianca and to allow the company to continue your operations.
The magistrate also suspended the injunctions of the 5th, 12th and 31st civil courts of the Central Court of Comarca of the capital, which had ruled on the reinstatement of the possession of 14 aircraft. after the company argued that this number represented 30% of its fleet.
"There is no reason to doubt, at least in the cognitive limits characteristic of this stage of the proceedings, that the information provided by the applicants indicates that some 77 000 pbadengers would not fly between 10.12. 2018 and 31.12.2018 if the company the reduction of only 30% of its fleet, which would occur, allegedly, if the reinstatement orders already granted in the procedures indicated in the original proceedings were met " wrote the magistrate.
"The effect would be even more dramatic, if one relies on the applicants' numerical badumptions, if the reduction was of a greater magnitude, particularly at this time of year. Year, known as a high season in the airline ticket market, "he added.
In the application for bankruptcy, Avianca cited the "severe recession" that Brazil has been facing since 2014 as the cause of the economic crisis: increased fuel consumption and a change in the exchange rate. He cited the truckers' strike, which shut down the country's highways in May 2018 and, along with the other factors, had a "dramatic impact on its cash flow".
In a statement, the company said that with the release of its fleet to meet all scheduled flights, "its operations will not be affected". "Pbadengers can have the peace of mind to make reservations and get their tickets, because all sales will be honored and the flights kept," they said.
Click here to read the decision.
Process 1125658-81.2018.8.26.0100
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