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05 September 07

FTO has lost its court challenge on APD

The Federation of Tour Operators (FTO) has lost its challenge against the government regarding the doubling of Air Passenger Duty last February.

Although the defeat, the judge on the case, Lord Justice Stanley Burton found that the government had failed the tour operators on three accounts due to the lack of advanced warning regarding the extra charges.

Lord Stanley Burton said that the treasury had failed to consider the impact on the tour operators from the rise and that it would of been relatively easy for the government to have given the travel industry time to adjust.

The FTO has claimed that doubling the APD has cost the trade over £50 million and had given its competitors an advantage over them.

Possible appeal

A spokesman for the FTO also hinted at an appeal, he said, "The Federation of Tour Operators is disappointed that the High Court ... has failed to uphold the strong case presented to it.".  He added "There are wider potential international ramifications of the judgment, and these and other aspects will be considered as the FTO seeks advice on its grounds for possible appeal".

Despite the comments against the government by the judge, the ruling ended up in a defeat for the FTO because he ruled that the Chicago Convention, which established the regulation of air traffic, doesn't outlaw taxes such as the Air Passenger Duty.



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