/ Aviation

Aviation is one of the most thrilling and most complex legal areas. On the one hand numerous national, European and international legal provisions have to be taken into account. On the other hand one needs to be aware of the particular customs of the transport and aviation industry in detail and needs to consider such. We, Jarolim Partner, have been advising on aviation law since the 1980s. Besides air carriers and charter airlines we also support groundhandling companies, airline caterers, CRS-providers, other distributors in the aviation industry, and financing banks. Our team has received several awards for its broad expertise and leading publications in the aviation area.

Passengers and Sales
  • Drafting and amending Conditions of Carriage as well as representing airlines in court proceedings resulting therefrom (e.g., sequential use of coupons)
  • Representing airlines at court proceedings or proceedings at administrative authorities in connection with damage or injury to persons or luggage, freight damages and claims resulting from Regulation (EC) No 261/2004 
  • Asserting claims against airport operators/ civil aviation safety authorities
  • Drafting Distribution Agreements (IATA, incentive agreements, charter agreements) as well as advising on various distribution issues (CRS, permissibility of distribution activities)
  • Advising on compensation claims in case of contract terminations (commercial agency law)

Drafting of Contracts

  • Groundhandling agreements and other agreements with airport operators (e.g., PRM)
  • Catering agreements
  • Technical agreements (cooperation and maintenance agreements etc)
  • IT agreements (including CRS)
  • Fuel supply agreements
  • Slot exchange agreements
  • Advising banks and aircraft owners with regard to the purchase/sale and the financing of aircraft
  • Advising on the lease of aircraft (operating lease, finance lease, aircraft management agreements, registration issues etc)
  • Asserting liability claims and claims resulting from a breach of representation and warranties with regard to damage to airplanes
  • Drafting the agreements and implementing transactions
Labour Law
  • Drafting/interpreting/terminating collective labour agreements and work agreements
  • Drafting labour law agreements (training agreements, assignment agreements, labour supply agreements etc)
  • Accompanying measures of industrial action (strikes, works meetings)
  • Structuring and advising on transfers of undertakings/restructurings
  • Litigation in the area of labour law by representing employers
  • Advising and supporting an international joint venture in the foundation of an Austrian operator pursuant to Regulation (EC) No 1008/2008.
  • Setting up a comprehensive model legal documentation for the financing of airplanes for a bank (finance lease agreements, general terms and conditions, triparty agreement, operating lease agreement).
  • Supporting a Russian bank and an Irish aircraft leasing company with regard to the repossession of several aircraft at the airport Wien-Schwechat because of threatening insolvency.
  • Legal support of a Austria bank regarding the financing of a Gulfstream G280. The aircraft was purchased by an Austrian company and is operated by a German operator. The shareholder of the Austrian company pledged its share in the Austrian company as a security for the financing and also assumed a personal liability.
  • Advising an Austrian industrial company which owns four “company aircraft” with regard to future commercial operations (AOC) or NCC operations pursuant to Regulation (EC) 800/2013.
  • Legal support of a Austria company with regard to issuing a bond. The connection to Austria was that some aircraft were operated by an Austrian subsidiary and also were registered in Austria.
  • Supporting a BVI company in the acquisition of an aircraft that had before been registered in Austria. In this regard it was necessary to issue a title opinion on the ownership of the aircraft and to conduct the necessary research.
  • Supporting a US company in a deal regarding an engine lease to an Austrian company.
  • Legal advice of a UK company which purchased a Cessna Citation XLS, which had last been registered in Austria. In this regard the Austrian bank financing had to be terminated prematurely and the ownership had to be transferred to another Austrian company before the purchase.
  • Advising a Canadian operator on the purchase and de-registration of a Gulfstream that was registered in Austria. The transaction involved an escrow agent. In this regard, also a title opinion was issued.
  • Legal advice of a UK company regarding the repossession of an engine installed in the aircraft of a Russian operator at the airport Salzburg.
  • Legal advice of a operator with regard to the registration of Boeings 737 which pursuant to an Art83bis agreement were operated by a Belgian operator.
  • Advising a UK company on the temporary registration of two Boeings 747 in the Austrian Aviation Registry.
  • Legal advice and transaction management regarding the acquisition of a Gulfstream G550 by the Austrian SPV of an international consumer goods company.

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