Aviation updates

European Union

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.


Germany

Contributed by Arnecke Sibeth Dabelstein
Passenger versus service cart – typical aviation hazard?
  • Germany
  • 03 March 2021

The Celle Higher Regional Court recently found that the Hanover Regional Court wrongly rejected an application for legal aid by a passenger who claimed that a flight attendant had injured her knee with a service cart. However, it remains to be seen whether the damages will be reduced or excluded due to any contributory negligence on the part of the applicant.

Special features of airline insolvencies in Germany
  • Germany
  • 11 November 2020

Almost all airlines worldwide are having to deal with severe financial problems due to the consequences of fighting COVID-19 and the grounding of fleets for several months. Even Lufthansa considered filing for insolvency during negotiations with the German government about state aid. This article addresses German insolvency law in general and some special features regarding airline insolvencies.

BER: all set for grand opening
  • Germany
  • 30 September 2020

The new Berlin Brandenburg Airport (BER) looks set to open its gates on 31 October 2020. Even if BER opens as currently scheduled, the public damage caused by its troubled history will remain. It remains to be seen how the numerous delays have harmed the original idea for the airport given the fact that its infrastructure has already become a bit outdated without ever having been used.

MRO agreements from airlines' perspective – combating effects of COVID-19
  • Germany
  • 15 July 2020

Under long-term maintenance, repair and overhaul (MRO) agreements, airlines must usually pay a certain rate per flight hour to obtain engine or other component maintenance and repair services or just to have access to a certain spare parts pool. However, during the COVID-19 pandemic, most airlines have ceased their entire flight operations. This article addresses possible contractual clauses and statutory rights on which a claim to adjust payment obligations under an MRO agreement may be based.

E-ticket voucher not a valid ticket
  • Germany
  • 20 May 2020

A recent Eilenburg Local Court decision highlighted that a booking or reservation confirmation issued to a passenger by a tour operator with whom a flight has been booked should not necessarily be regarded as a confirmed booking under Article 3(2)(a) of the EU Flight Delay Compensation Regulation, even if the booking is referred to as an 'e-ticket voucher'. This decision underlines that the burden of proof for the existence of a confirmed booking will be borne by the passenger.


International

Air freight overview
Arnecke Sibeth Dabelstein
  • International
  • 21 April 2021

Many of the goods that arrive in stores or directly at people's homes every day have travelled a long way. The customer's wish for goods to be available as quickly as possible means that such goods are often transported across borders by air freight. National laws do not apply in such cases, at least not to a great extent. Instead, various air transport agreements establish comprehensive regulations of which parties must be aware.

Three takeaways from COVID-19 crisis for improved customer care
Arnecke Sibeth Dabelstein
  • International
  • 25 March 2020

The impact of the coronavirus outbreak on the airline industry has been severe, with estimated losses of approximately $113 billion. The challenge for air carriers is how to handle a high volume of claims with a reduced workforce for an indefinite period. In that respect, the automation and digitisation of the claims handling processes can help airlines to handle more claims in less time and be flexible concerning their headcount and the volume of cases to be processed on a daily basis.

New year, new liability under Montreal Convention
Arnecke Sibeth Dabelstein
  • International
  • 26 February 2020

As of 28 December 2019, the limitations of liability in the Montreal Convention were adjusted. The last adjustment was made in 2009. Prior to that, the liability amounts had remained unchanged for 10 years. The new limits of liability apply to damaging events during air transport which were carried out after the amendments came into force.


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