MercoPress. South Atlantic News Agency

Executive order puts Lan Peru back in the air.

Lan Peru resumed domestic and international flights this Friday afternoon following an emergency executive order signed last night by Peruvian President Alejandro Toledo leaving without effect a Court ruling that suspended the company's operations for five days beginning Friday.

Thursday afternoon the Chilean Lan affiliate in Peru which masters over 25% of this country's air traffic said they would comply with the Court order described as "unfair, arbitrary and disproportionate", and anticipated it would do its utmost to overcome the inconveniences to passengers and freight clients.

"We're just making effective the government responsibility to ensure public services such as water, energy and transports are always complied regularly and in a reliable manner", said Carlos Ferrero cabinet chief following the emergency meeting where President Toledo signed the executive order.

"If not the damage to the economy, tourism, exports and citizens rights to move from one place to another becomes irreparable", emphasized Mr. Ferrero adding that with the suspension daily direct losses for the country totaled 1,5 million US dollars.

Magistrate Eloy Zamalloa ruled against Lan Peru following an appeal from a small company Aviandina which claimed the Peruvian affiliate of Lan did not comply with the legal requirements to operate in the country such as having Peruvian flagged aircrafts, Peruvian crews and a 30% Peruvian owner ship.

Actually Aviandina ceased to operate over a year ago and is an affiliate of Aero Continente, Lan Peru's great regional competitor, but which is under investigation by United States and Chilean authorities supposedly for having links with laundered drug money.

Lan Peru has 45 domestic and 11 international flights every day transporting an estimated 5,500 passengers and 35% of the country's air cargo. The company employs 1,300 Peruvians and had daily flights to Los Angeles, Miami and New York.

Magistrate Zamalloa protested the Executive order saying it was a "coup" which ignores the rule of the Law and the independence of government branches.

"The government has put the clock back ten years, just like in former president Fujimori's time who didn't care about law and justice", stressed Judge Zamalloa.

Aviandina CEO Ricardo Hernández protested saying the government's attitude was "inconceivable" and the "rule of the law has been abused".

"We're beginning immediate legal actions to make the ruling stand, but I must say we all know who is behind this executive order, Lan Peru. I wonder if in a similar situation Chileans or Americans would have acted in the same way", highlighted Mr. Hernández-