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
Temporary law on transparency turboliquidation
The Temporary Act on Transparency Turboliquidation came into force on 15 November 2023. The consequences of this law and the additional conditions that must be met have been written about before (see, for example, the article from 22 March 2023). Despite the increased requirements, turbo liquidation is still a good tool for winding up companies with no operations and assets after 15 November 2023.
Indexation of rent by 14.5% in 2023 not unreasonable
Many lessees of commercial space faced indexation of the rent according to the consumer price index (CPI) by a percentage of 14.5% in 2023. Several tenants of commercial space disagreed, and there have since been court cases about this. From the court rulings, the view emerges that indexation of the rent in 2023 by 14.5% is not unreasonable.
Ground rent due during bankruptcy is not an estate debt
Recently, the Supreme Court issued a ruling on the question of whether a ground lease rent that became due after the date of bankruptcy is an estate debt. In this article, I first explain what estate debts are and the relevance of the question answered by the Supreme Court for practice. I then discuss the judgment.
CASES
CONTACT
Curious about what we can do for your business?
Please contact us.
