Latest updates
ENAC issues new drone regulation to align national rules with EU legislation
Studio Pierallini- Italy
- 24 February 2021
The Italian Civil Aviation Authority (ENAC) has issued a new regulation on unmanned aircraft (ie, drones), which aligns the existing national rules with EU Regulation 2018/1139. Against the backdrop of this evolving regulatory framework, ENAC has adapted effectively to the new EU legislation by working closely with stakeholders to enable drone use for a wide range of private and commercial activities.
Air carrier avoids liability for refusal to transport disruptive passenger
WeirFoulds- Canada
- 24 February 2021
The British Columbia Civil Resolution Tribunal recently ruled on a dispute involving an air carrier which had refused to transport a disruptive passenger. This decision lays out the type of evidence which a carrier should be prepared to present to avoid liability and serves as a reminder to passengers that they have an obligation to be respectful while travelling.
Aircraft ownership: proving title through registration
Kennedys Law LLP- Peru
- 24 February 2021
While recording aircraft leases in the public registry is in the best interests of both domestic operators and aircraft owners, the public registry does not constitute a title registry for foreign aircraft. Therefore, the rights of owners of foreign aircraft that operate in Peru may be seen as being insufficiently public under local laws. However, genuine registrations have been extended to cover the supporting documents which record title information, providing reassurance to owners of foreign aircraft that operate in Peru.
EASA AOC: to cert or not to cert?
Arnecke Sibeth Dabelstein- European Union
- 17 February 2021
EU Regulation 2018/1139 enables airlines that operate in more than one EU member state under multiple air operator certificates (AOCs) to obtain a European Aviation Safety Agency (EASA) AOC. The EASA AOC enables airlines which have aircraft registered in different European cities to report to a single competent authority in relation to safety oversight and certification, which may significantly reduce costs.
High court orders release of Pakistan International Airlines aircraft
SKRINE- Malaysia
- 10 February 2021
The Kuala Lumpur High Court recently ordered the immediate release of a Pakistan International Airlines Boeing 777 aircraft. The aircraft had been grounded and detained at Kuala Lumpur International Airport for two weeks as a result of a mandatory injunction. This is believed to be the first Malaysian case to involve a mandatory injunction to ground an aircraft.
Stop sending process servers to French manufacturers!
Odi-se Avocats- France
- 03 February 2021
Airlines, lenders and lessors often send process servers to French aircraft manufacturers to ensure that assignments and transfers are enforceable against the manufacturer – an approach which is based on an old provision of the Civil Code. However, the position has been clear since the code was amended in 2016: assignments of rights no longer require notification to be delivered to a debtor by means of a process server.
Dawning of a new age: proposed legislation shapes future of aviation
HarleyJames- Bahamas
- 27 January 2021
The introduction of three new bills will herald the dawning of a new age in aviation in The Bahamas and position the jurisdiction to attain the international recognition that it deserves. These bills – the Civil Aviation Bill, the Civil Aviation Authority Bill and the Air Navigation Services Authority Bill – address the issues arising from, and remedy the defects found in, the 2017 International Civil Aviation Organisation audit, the current Civil Aviation Act and the Civil Aviation (General) Regulations.
COVID-19-tested flights: an extra weapon in the fight against the pandemic
Studio Pierallini- Italy
- 27 January 2021
Rome Fiumicino Airport is the first Italian airport, and one of the first worldwide, to have implemented a protocol to operate COVID-19-tested flights. Pursuant to the applicable ministerial decree, in order to be exempt from mandatory quarantine on arrival in Italy, passengers must show a certificate proving a negative molecular COVID-19 test or an antigen rapid test, carried out within 48 hours before the flight. Otherwise, they must undergo an antigen rapid test at the departure airport directly before boarding.
The new normal? COVID-19 legislation: travel restrictions
Augusta Abogados- Spain
- 27 January 2021
Since the World Health Organisation declared the COVID-19 outbreak a pandemic on 11 March 2020, governments worldwide have made significant efforts to cope with this unforeseen situation and control the spread of the virus. A complex maze of laws, regulations, directives, recommendations and instructions has made it difficult to identify the obligations of air passengers. This article looks at the various travel restrictions which have been introduced in Spain to help combat the spread of COVID-19.
The new normal? COVID-19 legislation: safety measures
Augusta Abogados- Spain
- 20 January 2021
Since the World Health Organisation declared the COVID-19 outbreak a pandemic on 11 March 2020, governments worldwide have made significant efforts to cope with this unforeseen situation and control the spread of the virus. A complex maze of laws, regulations, directives, recommendations and instructions has made it difficult to identify the obligations of air passengers. This article looks at the various safety measures which have been introduced in Spain with regard to air travel.
The new normal? COVID-19 legislation: subsidies, consumer protection and air transport
Augusta Abogados- Spain
- 13 January 2021
Since the World Health Organisation declared the COVID-19 outbreak a pandemic on 11 March 2020, governments worldwide have made significant efforts to cope with this unforeseen situation and control the spread of the virus. As a result, a complex maze of laws, regulations, directives, recommendations and instructions has made it difficult to identify the obligations of air passengers.
Statutory damages under Aviation Services Law cannot be claimed in class actions
Levitan, Sharon & Co- Israel
- 13 January 2021
In August 2020 the Central District Court dismissed several requests for the certification of class actions which had been filed against different airlines on the basis that statutory damages under the Aviation Services Law cannot be claimed in class actions. In all of the cases, the airlines' main argument was that according to the Class Action Law, the court cannot award compensation where proof of damage is not required.
DOT confirms that comfort animals are not service animals
Cozen O'Connor- USA
- 23 December 2020
The US Department of Transportation has issued a new regulation which substantially revises its rules governing the transportation of service animals on board aircraft. Under the new regulation, airlines will no longer be required to transport emotional support or comfort animals in cabin. Airlines will be required to transport only service dogs (and not other species) and a passenger with a disability may bring a maximum of two service dogs in cabin.
Filing insurance certificates with Canadian Transportation Agency
WeirFoulds- Canada
- 23 December 2020
Air carriers offering scheduled international services to or from Canada must, by virtue of the Canada Transportation Act, file proof of insurance each year as a condition of maintaining their licence. Historically, the Canadian Transportation Agency has, in some instances, allowed for leniency in the form of granting extra time for air carriers to file the proper certificates. However, a review of the agency's recent decisions demonstrates that such leniency is no longer being extended.
Should expert reports on Montreal Convention be allowed in challenge to APPRs?
WeirFoulds- Canada
- 02 December 2020
Even before the first tranche of Air Passenger Protection Regulations (APPRs) provisions came into effect, the International Air Transport Association, Airlines for America and numerous Canadian and foreign air carriers commenced a challenge to the legality of several provisions in the Federal Court of Appeal (FCA). The FCA recently issued a decision in a motion brought by the government to strike portions of two expert reports filed by the airlines in support of their position.
Efforts to restore and boost air travel
HarleyJames- Bahamas
- 25 November 2020
Like the rest of the world, the Bahamian aviation sector continues to reel from the effects of the COVID-19 pandemic. Minister of Tourism and Aviation Dionisio D'Aguilar recently addressed the easing of restrictions on air travel to, from and within The Bahamas. A travel health visa, subject to certain exceptions (eg, children under 10 years of age and crew of commercial airlines), is still required by persons travelling into or within The Bahamas.
Update on abusive clauses in passenger contracts
Augusta Abogados- Spain
- 18 November 2020
In 2019 Gijón Commercial Court No 3 ruled in a case dealing with some of Volotea's transport terms and conditions. The Association of Financial Users, a consumer protection association that filed the initial claim, disagreed with some of the judgment's points and lodged an appeal. The Provincial Audience of Asturias recently gave its judgment in appeal; while it confirmed some of the first-instance court's decisions, it overruled others. This article focuses on the most controversial decisions.
Use of GATS in Brazilian aircraft transactions
Basch & Rameh Advogados Associados- Brazil
- 18 November 2020
In June 2020 the Global Aircraft Trading System (GATS) was launched to facilitate aircraft trading and financing by reducing the burden on industry participants – in particular, airlines. Since the GATS relies on the use of trusts, a traditional common law concept, a question arises as to whether the GATS can be used in jurisdictions such as Brazil that are not based on common law.
CIGA and Cape Town Convention: insolvency and aviation
Vedder Price PC- United Kingdom
- 18 November 2020
The Corporate Insolvency and Governance Act 2020 shifted the focus of the UK insolvency regime from administration and liquidation to rescue and recovery and introduced numerous interesting features that apply to companies experiencing financial difficulties. This article considers how some of these features fit into the insolvency regime of the Cape Town Convention.
Much ado about nothing? Climate change is real and aviation industry must step up its efforts
SKRINE- Malaysia
- 18 November 2020
With airline companies rapidly depleting cash reserves and any form of subsidies to ensure survival in the current climate, the unsurprising reality is that efforts to go green have taken a step back. However, the pandemic has in a way allowed relevant industry players to pause and ponder on long-term strategies, including but not limited to the sustainability of both airline companies and, importantly, environmental protection.
