Aviation
Whether it’s an insurance claim arising at Amsterdam Schiphol Airport, a partnership between various (air) carriers, a (wet) lease during the busier summer months, an (agency) agreement with a travel agency, or a case involving passenger rights: we’re no strangers to a bit of turbulence in the aviation industry. The aviation industry is characterized by a complex landscape of national and international companies and consumers. This encompasses, among other things, commercial law, insurance law, as well as international treaties and European law. We are happy to assist you with all legal matters you may encounter in the aviation sector.
Specialized Regulations in the Aviation Industry
An airline or ground handling company operates just like any other business, but it must also comply with a large number of specialized regulations. These include, for example, European Regulations, IATA resolutions, and the Montreal Convention. Our aviation team is always up to date on Dutch and international regulations and ensures that this information is easily accessible to you. This way, you are always aware of the applicable law.
Aviation Passenger Rights Proceedings
Proceedings regarding passenger rights are another area where legal support is often needed in the aviation sector. This includes, for example, passengers filing claims with the airline when their flight is delayed by 3 hours or more or canceled. We assist airlines with such disputes, assess whether a successful defense is possible, conduct litigation, and, if desired, reach settlements.
Advice on Contracts in the Aviation Industry
In addition to litigation, we deal extensively with consulting within the airline industry. We can assist you with such matters as:
- entering into settlement agreements regarding damages;
- averting liability for damages suffered;
- claiming damages;
- hiring (leasing) of an aircraft;
- entering into maintenance contracts for aircraft in the Netherlands;
- lifting or attachment of aircraft in the Netherlands;
- entering into cooperation with Dutch airline.
Lawyers aviation
To provide legal advice, knowledge of current developments in the aviation sector is crucial. Staying up-to-date on relevant European legislation and rulings of the European Court of Justice is essential.
We represent international airlines and airports. We are also regularly engaged by foreign law firms without an office in the Netherlands. Curious about what we can do for your aviation-related legal issues? Please contact Gentia Niesert.
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 are specialized in this area.
Anouk van Houdt
Gentia Niesert
Bram van Ruijven
Legal assistant aviation
+31 (0)10 209 27 64
vanruijven@lvh-advocaten.nl
(more…)
More about conflicts
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.
Requirements for CO2 reduction in state aid to KLM?
An important topic in aviation is the reduction of CO2 emmission. Aircraft burn kerosene and therefore emit CO2. Recently, the preliminary relief judge of the District Court of The Hague issued a judgment in the context of CO2 reduction by the Dutch airline KLM and the state aid that KLM received due to the corona pandemic. What conditions for CO2 reduction can be attached to that state aid?
