The Civil Aviation Authority (CAA) is to launch an appeal of the not-guilty ruling in the case against Travel Republic and its director Kane Pirie.
The CAA has today asked the district judge to begin the process to appeal the decision.
A judge dismissed the charges against the online travel agency, which was accused of breach of ATOL regulations, at Westminster Magistrates’ Court last week.
In a statement, the CAA said there was a “strong chance” it could have the decision overturned in an appeal to the high court.
It said: “The CAA considers it must do what is necessary and all that it can to try to ensure that when someone books an air package holiday they receive the protection that Parliament and the EU has decided they are entitled to, and hence are protected by ATOL for the whole of that package. We have therefore decided to seek clarity for both holidaymakers and industry from a higher court as swiftly as possible.”
The CAA said it did not expect ATOL holders to reduce the number of protected holidays as a consequence of this decision in the Magistrates’ Court.
“The CAA will continue strictly to enforce (ATOL) regulations and will do so in part based on the government guidance issued in January 2008 following the decision in the Court of Appeal on CAA v ABTA. That decision remains as the definitive judicial statement as to the meaning of a ‘package’.”