Airport and operational issues
Airport and operational issues
In the aviation sector, flights depend on the coordination between airlines, airports, air traffic control (ATC) and ground handling operators. Disruptions, such as delays and cancellations, regularly give rise to legal questions regarding responsibility and liability.
The key issue is which party caused the disruption and whether it was within that party’s sphere of influence. This requires an analysis of both the legal frameworks and the actual operations.
Capacity and causes
Disruptions often arise from a combination of factors, such as:
- weather conditions;
- ATC decisions;
- capacity constraints;
- operational problems.
The decisive factor is which factor predominates and to whom it can be attributed.
Role of airports and ground handlers
Airports and service providers can also play an important role in this regard. Airport operators determine infrastructure and capacity, whilst ground handlers are responsible for processes such as baggage handling, boarding and turnaround.
Errors at these stages can lead to delays or damage. The question then is who is liable.
In addition, disputes regularly arise over airport fees and charges, such as the lawfulness and passing on of costs.
How we can help
LVH Advocaten advises on airport and operational matters. We provide support in areas including:
- Disputes concerning delays and disruptions;
- liability between airlines, airports and service providers;
- contracts (including ground handling and airport agreements);
- disputes concerning slots, ATC and capacity;
- airport fees and charges.
We work for various parties within the aviation sector, including airlines, airports and various service providers.
Are you facing an operational or legal dispute in the aviation sector?
Please contact one of the specialists at LVH Advocaten in the field of aviation law.
More about aviation:
Click below to learn more about how we can advise you on the following areas/topics:
SPECIALIZED LAWYERS
These are our lawyers who specialize in this area.
Anouk van Houdt
Gentia Niesert
Carolina Corijn
Legal assistant
+31 (0)10 209 27 52
corijn@lvh-advocaten.nl
(more…)
Ina Erwich
Carola Plomp
Secretary
+31 (0)10 209 27 75
plomp@lvh-advocaten.nl (more…)
Bram van Ruijven
Legal assistant aviation
+31 (0)10 209 27 64
vanruijven@lvh-advocaten.nl
(more…)
Sebastiaan Knook
Legal assistant aviation
+31 (0)10 209 27 52
knook@lvh-advocaten.nl
(more…)
More about aviation
Airline liability
What if a passenger suffers bodily injury? Liability in international air transport is regulated in particular by the Montreal Convention (hereinafter: the Convention). The Convention provides rules for European member states on when and for what type of damage airlines are liable. In doing so, the Convention covers both freight and passenger transport and distinguishes between different types of damage.
Defense Against Passenger Claims
Is a flight delayed or canceled or does a passenger face a denied boarding? Then Regulation 261/2004 and the Montreal Convention (Convention for the Unification of Certain Rules for International Carriage by Air) govern the rights of passengers vis-à-vis tour operators and airlines.
Aviation Act: Objection against tariffs and conditions for Schiphol Airport
Airlines rely heavily on airports. Therefore, the way an airport is operated affects airlines. This occurs, among other things, when airports set their rates and conditions. A dispute arose between the airline easyJet and the Authority for the Consumer and Market (ACM) concerning the setting of rates and conditions for Schiphol Airport.
