Aviation and law
A claim arising at Amsterdam Schiphol Airport, a collaboration between various (air) carriers, the (wet) lease during the busier summer months, a new (travel agency) agreement or legal proceedings concerning passenger rights: a little turbulence in the aviation sector is not strange to us. Aviation is characterised by a complex playing field of national and international companies and consumers. This includes commercial law, insurance law, but also international treaties and European law. We will be happy to help you with any legal issues you may have to deal with in the aviation industry.
Specialist regulations in the aviation sector
An airline or ground handling company runs a business as well as any other, but it also has to deal with a large number of specialist regulations. Think, for example, of European regulations, IATA resolutions and the Montreal Convention. Our aviation team is always aware of Dutch and international regulations and they ensure that this information is easy for you to incorporate in your day-to-day business.
Procedures for passengers’ rights in aviation
Passenger rights procedures are another aspect in the aviation sector that often requires legal support. Think, for example, of passengers who claim financial compensation from the airline when their flight is delayed or cancelled for 3 hours or more. We help airlines with such disputes, we assess whether a successful defence is possible, we conduct legal proceedings and, if desired, we handle settlements.
Advice on agreements within the airline industry
In addition to litigation, we are also extensively involved in providing advice within the aviation sector. We can assist you with, among other things:
- Entering into settlement agreements;
- averting liability;
- claiming damages;
- lease of aircrafts;
- aircraft maintenance or other commercial contracts;
- seizing (or lifting thereof) an aircraft in the Netherlands;
- entering into cooperation with a Dutch company.
Lawyers aviation
In order to provide legal advice, knowledge of what is happening in the aviation industry is crucial. Staying up-to-date on relevant European legislation and European Court of Justice rulings is just as essential. For more information, please feel free to contact our office.
We act on behalf of international airlines and airports. We are also regularly called in by foreign law firms without their own offices in the Netherlands. Curious to find out what we can do for your legal aviation issue? Please contact Lisa Kloot or Gentia Niesert.
More sectors
More about Aviation
Employee leaving sick: what about premium differentiation?
Are you familiar with the financial consequences of a sick employee leaving your company? The Sickness Benefits Act and WGA premiums are differentiated. This means that the premiums depend on the inflow of employees who became ill on the last day of their employment or within 4 weeks after the dismissal date. In this article we discuss the premium differentiation and the calculation of this premium.
Medium-sized business premises or other business premises: what is the difference and how do you determine which is which?
There are two different rental regimes for commercial property: rental for medium-sized business premises, such as stores and catering establishments (7:290 business premises) and other business premises (7:230a business premises). The applicable rental regime is indicated by the section of the Dutch Civil Code that applies to that rental regime. Rent for medium-sized business premises is regulated in Section 7:290 of the Dutch Civil Code and is therefore also referred to as 7:290 business premises. Section 7:230a of the Dutch Civil Code regulates the rent for other business accommodation, the so-called 7:230a business accommodation.
Justified employee job reassignment after serious incident?
A question that we as employment lawyers receive with some regularity is whether an employee can be placed in a lower position with a lower salary after one or more incidents. In many cases an employee will not voluntarily agree to this and the question arises whether a unilateral change of position is possible. This question was addressed by the subdistrict court in its judgment of December 31, 2020.
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