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Updated: Wednesday, November 3, 2004 9:19 AM


OST-04-19435 - Forsa Editores v Iberia - Cargo Tariff Discrimination Complaint


Forsa Editores, Inc. v. Iberia Lineas Aereas de Espana, S.A.

OST-04-19435 - Complaint Regarding Discrimination in Providing Access to Cargo Tariff and Terms Incorporated by Reference

October 12, 2004

Complaint Regarding Discrimination in Providing Access to Cargo Tariff and Terms Incorporated by Reference

Shipper has had a 12 year relationship with Iberia, transporting Spanish-language books from Barcelona and Madrid, Spain to San Juan, Puerto Rico. Shipper at several times during relationship has requested rate and rule information but has never successfully obtained such information. A request made by Shipper in June 2003 for Iberia's eastbound rates was denied. Shipper was told to contact a local forwarder instead. Shipper requested permission to see the applicable rules governing acceptance of eastbound cargo. Shippers request was rebuffed.

Designated Agent for Service: Carlos Matos, 787-707-1792, carlos@forsaeditores.com


OST-04-19435 - Complaint Regarding Discrimination in Providing Access to Cargo Tariff and Terms Incorporated by Reference

October 25, 2004

Motion to Dismiss

Iberia hereby respectfully requests dismissal of the instant complaint, based as it is on 41310 of Title 49 of the United States Code. Two grounds are provided for this request. The first one would be that complainant lacks standing to file this kind of claim. According to §41310(d)(1), “[a]n air carrier, computer reservations system firm, or a department, agency, or instrumentality of the United States Government may file a complaint under subsection (c) or (9) of this section with the Secretary of Transportation.”

As a second ground for dismissal, Iberia will address the merits - or lack thereof - of the complaint itself. In this regard, it must be pointed out that the only source of “discriminatory practice” that complainant avers consists of the supposed “failure” on Iberia’s part, to make available for complainant’s counsel of record the applicable tariffs for carriage of goods.

Counsel: Juan Marchand-Quintero and Francisco Ortiz-Santini, jrmq@prtc.net


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