Commencement of a scheduled international air service by a carrier from a third country (non-EU carrier) to the Czech Republic represents in today's highly regulated environment complex process. It is not just a question of business strategy or marketing, but a multi-layered regulatory project that requires precise alignment of several legal regimes. Successful entry into the market within the European Union (EU) thus in practice means a combination of international law, bilateral agreements, European regulations and, last but not least, national legislation of the Czech Republic.
Below is a systematic overview of the main milestones that an airline must overcome when planning a new route. The full version of this article can be found on the portal epravo.cz.
International law degree and traffic rights
The basic building block is Article 6 of the Chicago Convention, according to which no scheduled international air service may be operated over the territory of a State without its specific permission. In practice, this means that there must be an appropriate bilateral air services agreement (ASA) between the carrier's home state and the destination state, or the European Union.
These agreements determine not only the scope of traffic rights (so-called freedom of air), but also capacity limitations and specific destinations. For the carrier itself, the key step is the process designation (designation) by its own state and subsequent acceptance of this designation by the Czech side. Typically, the route uses 3rd and 4th freedom of air, i.e. transport between the home state and the Czech Republic.
Security pass to the EU: TCO Authorisation
Safety standards are a priority in Europe. Every carrier from a third country must therefore obtain a so-called TCO Authorization issued by the European Aviation Safety Agency (EASA). This authorization confirms that the operator meets strict ICAO standards and EU safety requirements.
The process of obtaining authorization involves a detailed review of the Air Operator Certificate (AOC), Safety Management System (SMS) and maintenance procedures. As the assessment can take several months, it is one of the most time-consuming steps of the entire preparation.
National authorization and operational coordination
Once the carrier has resolved the international and European framework, it is time for Ministry of Transport, which is issued by the national operating permit. The application includes proof of valid insurance according to Regulation (EC) No 785/2004 and an approved security program to protect against unlawful acts.
If the route is to a coordinated airport, such as Vaclav Havel Airport Prague, the carrier must request in a timely manner sloty (time slots for arrival and departure) with the coordinator ACL CzechOperation is also not possible without commercial contracts with the airport (Airport Use Agreement) and providers of handling or catering services.
Passenger protection and customs regime
By entering the Czech market, carriers are also subject to European consumer protection rules, especially Regulation (EC) No 261/2004. This defines obligations in the event of flight delay or cancellation, including entitlements to care and financial compensation.
From an operational point of view, it is necessary to ensure that the line is directed to an airport equipped with customs and border control, which requires coordination with the Customs Administration and the Police of the Czech Republic.
The role of legal advisor
Properly setting up the entire project can significantly reduce the time needed to launch the line. In this process, a legal advisor helps not only with the analysis of regulatory requirements and communication with authorities, but also with the structuring of contractual relationships for the sale of airline tickets (ticketing), line sharing (code share) or aircraft leasing.
Law Office Vych & Partners specializes in legal advice in the field of civil aviation and provides carriers with support in entering the European market and in subsequent dispute resolution under EU Regulation 261.
Are you considering launching an airline to the Czech Republic? We would be happy to discuss the regulatory and legal aspects of your project with you. air law.

JUDr. Ing. Jan Vych, attorney and partner