Expert Guides - Aviation

PIR is not a sufficient notice of complaint under Article 31.2 of the Montreal Convention

Article 31.2 of the Montreal Convention stipulates that, “in the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of checked baggage […] In the case of...

18/06/2021 Claudia Hess, Urwantschky Dangel Borst, Germany Rainer Amann, Urwantschky Dangel Borst, Germany

Covid-19 Italian restrictions and the aviation industry

Italy: Covid-19 emergency regulations have strongly impacted the aviation business sector and left many issues open

18/05/2021 Roberto Padova, Pirola Pennuto Zei & Associati, Italy Gabriele Bricchi, Pirola Pennuto Zei & Associati, Italy Lucia Secchiaroli, Pirola Pennuto Zei & Associati, Italy

Privacy-Based Class Actions: An Industry Trend

As aviation safety has improved over the last decade, leading to a decline in the U.S. in aviation personal injury casualty cases, there has been a concomitant rise in class actions filed against carriers

19/05/2020 Christopher G Kelly, Holland & Knight, US Sarah G Passeri, Holland & Knight, US

US Department of Transportation Proposes to Formalize Definition of Airline Unfair & Deceptive Practices

The US Department of Transportation (“Department”) recently published a proposed rule to codify the definitions of “unfair” and “deceptive” practices by airlines and ticket agents under 49 U.S.C. § 41712 (“Proposed Rule”)

19/05/2020 Jennifer Trock, Baker McKenzie, US

Transfer tax and other issues: GREECE

Sales, value added or other taxes to be payable on a domestic sale/purchase or transfer of title/interest over an aircraft.

19/05/2020 Calliope Metaxotou, PPT Legal, Greece Angelos Georgoussis, PPT Legal, Greece

Italian Supreme Court on Art. 33 of Montreal Convention. Jurisdiction criteria under EC261/2004 and air carrier general terms and conditions

The Italian Supreme Court (Corte di Cassazione) has recently ruled on the jurisdiction criteria to apply in judicial claims brought by passengers against airlines, claiming damages for denied boarding, flight cancellation, delay, etc. under EC Regulation 261/2004, even in case the air carrier...

14/05/2020 Roberto Padova, Pirola Pennuto Zei & Associati, Italy Gabriele Bricchi, Pirola Pennuto Zei & Associati, Italy Lucia Secchiaroli, Pirola Pennuto Zei & Associati, Italy

Air Carriage in the Context of the Development of Brazil and the Significance of Legal Certainly

As a result of the tariff liberalization initiated in 2001, a process of deregulation of air transport services was inaugurated in Brazil, which has been perfected over time by an increasingly efficient regulation adopted by the Brazilian Civil Aviation Agency – ANAC, allowing the necessary freedom...

17/05/2019 Ricardo Bernardi, Bernardi & Schnapp, Brazil

Switzerland’s Aviation Industry

As a highly export-oriented country and famous tourist destination, host of the United Nations and headquarter to many multinational organisations and NGOs, Switzerland attaches a great importance to its connections around the world

17/05/2019 Philippe Wenker, gbf Attorneys-at-law, Switzerland Hans-Ruedi Grob, Blum&Grob Attorneys at Law, Switzerland

Recent decisions of the Italian Antitrust Authority about the airlines passengers baggage dimension: a loophole to be cared in the applicable rules?

The dimensions of passengers hand baggage allowed on board of commercial flights is not ruled by any national, European, international laws, regulations, treaties or conventions

17/05/2019 Laura Pierallini, Studio Pierallini, Italy

Supreme Court decision on the passenger burden of the proof The recent practice of Italian Justice of Peace

The Italian Supreme Court (Corte di Cassazione) has recently ruled on the burden of the proof applicable to both Montreal Convention 1999 and to the EC Regulation 261/2004 claims for denied boarding, flight cancellation and delay

17/05/2019 Roberto Padova, Pirola Pennuto Zei & Associati, Italy Gabriele Bricchi, Pirola Pennuto Zei & Associati, Italy Andrea Salvatore Sitra, Pirola Pennuto Zei & Associati, Italy

German Federal Court of Justice: Failure of all computer systems for several hours at the airport is an extraordinary circumstance

On 15 January 2019, the German Federal Court of Justice ruled that the failure of all computer systems at the check-in counters for several hours could be considered as an extraordinary circumstance as per Regulation (EC) 261/2004 to the effect that the passengers are not entitled to compensation in...

17/05/2019 Claudia Hess, Urwantschky Dangel Borst, Germany Rainer Amann, Urwantschky Dangel Borst, Germany

The new Regulation on safeguarding competition in air transport: an effective enforcement tool?

On 10 May 2019, Regulation (EU) 2019/712 on safeguarding competition in air transport (the new Regulation) was published in the Official Journal.

17/05/2019 Geert Goeteyn, Reed Smith, Belgium Kristina Killick, Shearman & Sterling, Belgium

Deregistering and Exporting an Aircraft Under India’s Cape Town Convention Rules and Regulations

It is a well-known fact that for the last several years, India has been grappling with an abysmal track record as far as proper implementation of the Cape Town Convention and Aircraft Protocol are concerned

17/05/2019 Nitin Sarin, Sarin & Co., India

2019: Mexico’s year of challenges on aviation related investment

Six years ago, Mexico became a focal point for international investment. Predictions lured foreign investors into Latin America’s second largest economy with $1.26 trillion GDP, the 13 largest economy in the world

16/05/2019 Carlos Sierra, Sierra, Mexico

Virtual Reality and Computer-Based Accident Reconstruction in US Aviation Litigation

United States courts serve an important “gatekeeping” function with respect to the admission into evidence of expert testimony and any accompanying demonstrative evidence

17/07/2018 Kevin Sutherland, Clyde & Co, US Natasha Mikha, Clyde & Co, US

Foreign Sovereign Immunity in Aviation Litigation

One clear trend in United States aviation litigation has been an increase in cases brought by foreign plaintiffs arising from overseas airplane crashes and incidents

22/05/2018 Steven C Marks, Podhurst Orseck, US

2018: Mexico’s year of challenges on aviation related investme

Five years ago, Mexico became a geological focal point for international investment

22/05/2018 Carlos Sierra, Sierra, Mexico Miguel Ruelas, Sierra, Mexico

Blockchains and Distributed Ledgers for Aviation

The IT world recently became excited by a new technology, called blockchains or distributed ledgers

22/05/2018 Robin Springthorpe, Norton Rose Fulbright, United Kingdom Will Alete, Norton Rose Fulbright, United Kingdom Peter McBurney, Norton Rose Fulbright, United Kingdom

Anti-Corruption Measures in Business and Private Aviation

The international aviation industry is a highly competitive, highly regulated and international industry which is also inherently susceptible to allegations and instances of corruption

22/05/2018 Aoife O’Sullivan, The Air Law Firm, United Kingdom

A brief note on implementation of the Cape Town Convention in Spain

Spain has implemented the Convention on international interests in Mobile equipment (hereinafter, Cape Town Convention) effective on the 1 March 2016 because of its accession to the Aircraft Protocol which took place on 27th November 2015

22/05/2018 Alfonso López-Ibor Aliño, López-Ibor Abogados, Spain

Recent case-law and tendency on Regulation (EC) No. 261/2004

By Decision No. 1584 dated 23 January 2018, the Italian Supreme Court found that in case of flight cancellation or delay at arrival the burden of proof lies with the air carrier

22/05/2018 Laura Pierallini, Studio Pierallini, Italy

Judgment of the German Federal Court of Justice: Non-refundable tickets are non-refundable

On 20 March 2018, the German Federal Court of Justice (the highest civil court in Germany) rendered a landmark decision

22/05/2018 Claudia Hess, Urwantschky Dangel Borst, Germany Rainer Amann, Urwantschky Dangel Borst, Germany

Airlines and PNR: how does the GDPR come into play?

Directive 2016/681/EU, to be implemented by the EU Member States at the latest on 25 May 2018, provides for the creation, in each Member State, of an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and of serious crime, to act as its passenger...

21/05/2018 Catherine Erkelens, Erkelens Law, Belgium

Cyber Security Breach Planning: Advancing Aviation Enterprise Risk Management in the 21 Century

Due to the increasing number of significant data breaches, often involving individual consumer financial data, or in the cases of health insurers or medical providers, personal health information, aviation industry players in turn have been compelled to grapple with advanced approaches to data...

06/07/2017 Christopher G Kelly, Holland & Knight, US

The Evolving Nature of Private Debt in Aircraft Finance in the United States

Aircraft finance is reliant on both debt and equity markets for the raising of capital

06/07/2017 Ronald Scheinberg, Vedder Price, US

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