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
Introduction of the Franchise Act does not produce a rosy future for franchise formulas
I have written about the Netherlands Franchise Code (NFC) before and explained its contents. In that context, I noted briefly that Minister Kamp sent a white paper for the Franchise Act to the Dutch House of Representatives. The white paper concerns special regulations for a franchise agreement and is open for consultation up to 25 May 2017, inviting stakeholders and interested parties to express their opinion.
Netherlands Franchise Code (NFC)
On 12 April 2017, the outgoing Minister of Economic Affairs published a bill which legally embeds the NFC. It is possible to respond to the bill until 25 May 2017. By legally embedding the NFC, the Minister wants to strengthen the position of franchisees and bring more balance to the interests of franchisees and franchisors.
Bruna must honour the franchise and lease agreement (for now)
A franchisee has successfully brought interlocutory proceedings against his franchisor Bruna. The court in interlocutory proceedings has judged as a preliminary measure that Bruna has to honour the franchise and (sub)lease agreement it terminated.
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