Commentary Part 1 – Airports Appeals against licence conditions etc Section 24: Appeal to Competition Commission: conditions of new licences
110.An appeal against a decision by the CAA under section 15 (granting licence) to include or not to include a licence condition may be brought by either the holder of the licence (the operator of the airport area), or a provider of air transport services (an airline) whose interests are materially affected by the decision. Such an appeal is made to the Competition Commission. “Air transport service” is defined in section 69.
111.The time limit for an application for permission to appeal is set out in paragraph 1(1) of Schedule 2. The application for permission to appeal must be made within six weeks of the CAA publishing the notice under section 15 of the decision to grant the licence.
112.The Competition Commission may refuse permission to appeal under section 24 only on one of two grounds. First, that the appeal is brought for reasons that are trivial or vexatious, or secondly, that the appeal does not have a reasonable prospect of success.