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
Right to prior consultation Works Council in the event of bankruptcy
In the case between the Works Council and the receiver of the chain of chemist's shops DA, the Netherlands Supreme Court issued a judgement on 2 June 2017, in which in summary it ruled that the right to prior consultation of the Works Council, as incorporated in Article 25 of the Works Council Act (WOR) in principle also applies to the event in which a company has been declared bankrupt.
Who is entitled to the petrol station at the end of the lease agreement?
The law provides a rule for answering this question, but the lease agreement may include different agreements. In practice that happens, but these agreements are often unclear or undated, creating opportunities and threats.
Bank has limited duty of care in respect of the franchisee
On 23 May 2017, the The Hague Court of Appeal gave a judgment in respect of a bank's duty of care regarding an ex-franchisee. In short, the Court of Appeal is of the opinion that it was not established that the bank neglected its duty of care by not warning the franchisee about the poor financial position of the franchiser.
CASES
CONTACT
Curious about what we can do for your business?
Please contact us.
