Ms Elizabeth Mireya Freidenberg

Elizabeth Mireya Freidenberg

Lawyer biography

Elizabeth Mireya Freidenberg  LL.B.1967.  LLM. 1973. She is a graduate of the University of Buenos Aires Law School and has a master in Air Law of the Argentine Air Force Institute of Air and Space Law.

  • Since her graduation from the School of Law and Social Sciences of the University of Buenos Aires, she has concentrated her practice in aviation law as a senior partner in what it is today Freidenberg, Freidenberg & Lifsic Law Firm.
  • Ms Freidenberg provides comprehensive advice on commercial aviation for Argentina and other Latin American countries mainly in the following areas: the starting up of airline services in Argentina (online - offline), request of traffic rights, technical and operative matters before the Argentine Aeronautical Authority (Agencia Nacional de Aviación Civil - ANAC) , Immigration and Customs issues, labor matters pertaining to airline employment, taxation, IATA / BSP, negotiation of codeshare/interline agreements and related matters; negotiation of aircraft lease and purchase agreements.  She also works on registration/deregistration at the Argentine Aircraft Register, airport and airline ground handling agreements; defense of airlines and their underwriters in personal injury, hull, cargo and baggage claims.
  • Ms Freidenberg has been appointed by the Argentine Government to various committees to advice on aviation regulatory matters and aerospace law. In 1969 she was member of the Governmental Commission appointed to update the Argentine Aircraft Register Executive Order governing the Argentine Aeronautical Code in 1986 and 1987.
  • She worked as a scholar of the Instituto de Cultura Hispánica in the Iberia Law Department in Madrid (1971).
  • She has lectured aviation law in the University of Buenos Aires Law School.
  • She is a regular speaker at international conferences on aviation such as the Lloyd’s of London Press Conferences, Embry Riddle University. IATA Legal Symposium; Aviation Law Association of Australia and New Zealand, Copa Legal Symposium; ALA (Asociación Líneas Aéreas de Costa Rica), BAR Association of Montevideo, Uruguay. ALTA Legal Symposium (Asociación Latinoamericana de Transporte Aéreo - Latin American & Caribbean Air Transport Association).
  • Since 1998 she was selected as the Argentine Expert in Air Legislation by the Guide to the World’s Leading Aviation Lawyers of the International Finance Law Review published by Euromoney Publications PLC (England). Elected as expert on Aeronautic Law by the Guide American Lawyer Med., published in U.S.A. and elected as expert on Aeronautic Law by Who’swholegal, The International Who’s who of Business Lawyers.
  • She is responsible for the Argentine Chapter to the next Editions of the publication “Getting the Deal Through - Air Transport 2010”.
  • In 1999 she was appointed as one of the fifty “Leading Woman Entrepreneur of the World” by the Star Group (USA) sponsored by IBM / Lucent Technologies, Dior Fortune Magazine American Airlines and United Airlines.
  • In 2000 - Mujer del Año, Category business GEMS TELEVISION, Miami, Florida.
  • IATA has nominated her as arbitrator in several arbitrages started by travel agents.
  • She is a member of various Air and Space Law Associations, among them, the Argentine Institute of Air and Space Law, Brazilian Institute of Air and Space Law, Uruguayan Center for Studies in Air and Space Law, Iberoamerican Institute of Air Law Commercial Aviation and Aerospace Activities. Swiss Association of Aeronautic Law.
  • She is a member of the Advisory Board of the Journal of Air Law and Commerce (Southern Methodist University School of Law) and international correspondent of the following publications: “Warsaw Convention” (Giemulla / Schmid) - Kluwer Law and Taxation Publishers; she was Regional editor for Central and South America in the “Aviation Quarterly”, published by Lloyd’s of London Press, Ltd. (England). She is a member of the legal group of the Argentine Carrier’s Association (J.U.R.C.A.).
  • Fellow of the International Academy of Trial Lawyers, Minneapolis MN.
  • Professor at the Instituto Nacional de Derecho Aeronáutico y Espacial (I.N.D.A.E.) of the Argentine Air Force for the Master in Air Law in “Actualidad Aeronautica”.
  • 2006-2008-2009 - Mrs. Freidenberg has been appointed as a Judge at Telders International Law Moot Court Competition - Grotius Centre for International Legal Studies - Campus The Hague / Leiden University – The Netherlands.
  • 2010 - The 2010 International Air Law Moot Court Competition - International Institute of Air and Space Law Leiden Law School, Netherlands - 02 to 06 March, 2010. The Sarin Memorial Legal Air Foundation Chandigarth, India. Mrs Freidenberg has been appointed as a Judge.
  • 2010 - Getting the Deal through - Air Transport 2010 - Elizabeth Mireya Freidenberg is exclusive contributor of the Argentina chapter to the next editions of the publication.

Updates

Aviation

Plane and simple changes to airfares
Argentina | 12 September 2018

In the context of deregulating the aviation sector and attracting low-cost carriers, the Ministry of Transportation recently issued Resolution 656/2018, which allows domestic carriers to charge any fare that they wish under certain circumstances. Before this resolution, domestic carriers could charge no lower than the Civil Aviation Authority threshold.

National Commercial Court decision sets favourable precedent for Argentine aviation industry
Argentina | 20 June 2018

A recent National Commercial Court decision has set a favourable precedent for the aviation industry in Argentina. The court ordered the application of international conventions rather than local law and federal jurisdiction instead of commercial national jurisdiction. This application of international conventions by the Argentine courts is important, as it establishes the limited liability that is generally overlooked by domestic legislation.

Passenger wins damages following re-routing of non-stop flight
Argentina | 07 March 2018

A passenger filed a claim against Iberia Lineas Aereas de Espana SA for a breach of contract after her non-stop flight to Europe was modified due to overbooking. The claimant argued that the defendant had fraudulently failed to fulfil its obligations. The Civil and Commercial Court of Appeals rejected the punitive damages awarded by the first-instance court, but increased and maintained compensation for moral and material damages, respectively.

Airlines propose solution to resolve airport fee issue
Argentina | 24 January 2018

Under Resolution 706-E/2017, airlines must inform the Argentine National Civil Administration (ANAC) of how they will reimburse the discrepancy in airport fees paid by passengers who bought tickets in 2016 and travelled on or after January 1 2017, when a fee reduction was introduced. Most of the affected airlines have now proposed ways to comply with the resolution, which should avoid summary proceedings by ANAC for non-compliance.

Consumer associations file collective action regarding airport fees
Argentina | 01 November 2017

Two Argentine consumer associations recently filed a collective action against the majority of airlines operating in Argentina in defence of passenger rights. The claimants alleged that the carriers should reimburse the difference between the airport fee paid by passengers in 2016 when their tickets were issued for flights in 2017 and the new airport fee, which was reduced from January 1 2017.

National Directorate of Air Transport evaluates passenger airline efficiency
Argentina | 14 June 2017

Following the issuance of Resolution 445/16 by the Civil Aviation Authority (ANAC), the National Directorate of Air Transport was tasked with establishing a system to evaluate airlines' compliance with their flight schedules. The aim is to increase air transportation efficiency for passengers and provide the ANAC with additional tools to evaluate the performance of scheduled carriers.

Overview of recent aviation regulations and commercial aviation matters
Argentina | 15 February 2017

A number of aviation regulations were issued in Argentina in 2016, including an executive decree to protect claims arising due to the provision of insufficient or misleading information to passengers, consignors or consignees regarding the conditions of an air transportation contract. Further, Resolution 113/16 adopts the internationally recognised system of equal treatment between operators and does not give priority to any carrier, which was not previously the case.

Court rules that VIP passenger and crew violated civil aviation rules
Argentina | 14 September 2016

The crew of a commercial airline invited a VIP passenger into the cockpit for the duration of a scheduled flight. The first-instance court decided that the crew and passenger should be charged under Article 190 of the Criminal Code, as their behaviour had violated safety regulations and posed a threat to the security of the aircraft, passengers and cargo and third parties on the ground, even though no harm had been caused.

New Civil Aviation Authority regulation
Argentina | 27 July 2016

The Civil Aviation Authority (ANAC) recently issued a regulation modifying and deleting previous dispositions. Resolution 445/06 states that non-compliance with ANAC-approved schedules for scheduled carriers will be subject to fines only if the carrier delays a flight without providing the required ancillary services to passengers. If the carrier has no other option than to delay a flight, no fines will be imposed so long as the carrier complies with its obligations to passengers.

Overbooking argument fails for no-shows
Argentina | 08 June 2016

The First Chamber of the Civil and Commercial Court of Appeals' ruling against two passengers who claimed to have missed their flight because of overbooking sets a good precedent, as this is a common defence for passengers in Argentina who arrive late to the airport. The court ruled that in accordance with Ministry of Economy, Public Works and Services Resolution 1532/98, the carrier had had the right to apply its no-show policy to the passengers.

Airlines must provide gluten-free meals under new regulation
Argentina | 16 December 2015

New Law 27,196 has made the early detection, diagnosis and treatment of coeliac disease and access to gluten-free food a matter of national interest. The law sets out the institutions, including airlines, which must offer at least one gluten-free item. It is unclear whether the law applies to domestic carriers only, but it appears that if a passenger requests a gluten-free meal when making a booking, it must be supplied if the flight departs from Argentina.

Application requirements for special or non-scheduled flights amended
Argentina | 25 November 2015

The Civil Aviation Authority recently published a provision which amends the procedures and requirements for the approval of special or non-scheduled flights. Approval is conditional on the carrier filing the reasons for the extraordinary petition, along with supporting information and registration, airworthiness, operator and insurance certificates.

National plan for aviation emergencies introduced
Argentina | 11 November 2015

A Civil Aviation Authority resolution was recently passed that establishes a national plan for responding to aviation emergencies. The plan aims to set out the measures required to assist victims and families of aviation accidents and to compile operational and technical information relating to these events for national and foreign authorities and the media.

Government agency for air navigation services established
Argentina | 12 August 2015

A new government agency to provide air navigation services was recently established. EASA is part of the Ministry of the Interior and Transportation and will provide its services for commercial and civil navigation. The agency will be governed by the legal norms and principles of private enterprise and its employee contracts will be governed by labour law.

New airport fee regulations issued
Argentina | 22 July 2015

Two new regulations were recently issued in Argentina regarding airport fees. The first regulation establishes fees that passengers must pay for regional and international flights and connections, while the second regulation sets a new security fee. Airlines, airport concessionaires and the relevant authorities are working on the implementation of the new regulations.

American Airlines seeks injunction against National Administration of Civil Aviation
Argentina | 21 January 2015

American Airlines recently filed an injunction action requesting the Federal Court to revoke a National Administration of Civil Aviation decision which imposed a fine for allegedly operating a non-approved scheduled flight. American Airlines claimed that the first-instance decision was based on arguments of the federal district attorney which, in its view, were erroneous.

Joint resolution issued to control safety and risks
Argentina | 29 October 2014

A joint resolution was recently issued by the Argentine Tax Agency, the National Immigration Directorate, the National Administration of Civil Aviation and the Aeronautical Police. The resolution aims to control safety and risks in the commercial aviation sector, and introduce measures to prevent conflict, terrorism and threats to aviation and to combat drug and human trafficking.

Mediation hearing mandatory for cases brought under Aeronautical Code
Argentina | 21 May 2014

A mandatory mediation procedure under a certified mediator is a condition precedent for bringing a complaint in court where a claimant alleges damages under – or non-compliance with – the terms and conditions of the Aeronautical Code, as well as cases triggered by the Warsaw Convention. The system has proved to be effective in reducing legal fees for airlines and offering new ways to avoid the courts.

Central Bank restricts payment methods for international airline tickets
Argentina | 26 February 2014

The Central Bank recently issued a communication on the sale of international airline tickets and tickets for tourist services in Argentina or abroad to a non-Argentinian resident, which restricts the methods of payment for such tickets. If the relevant conditions are not met, any amount resulting from such sales will not be permitted for referral abroad. This raises concerns for international carriers operating in Argentina.

Court throws out baggage claim case against American Airlines
Argentina | 18 December 2013

A complaint filed by two passengers against American Airlines and Aerovias de Mexico – seeking compensation for the late delivery of their luggage and for alleged missing items – has been rejected by the first-instance court. The court noted that no documentation had been provided by the plaintiffs to prove the loss of the alleged missing items, nor had they claimed in due time.

Court dismisses compensation claim due to legal vacuum
Argentina | 11 September 2013

The Federal Civil and Commercial Court of Appeals recently confirmed a first instance court decision denying a passenger's request for compensation following the cancellation of his flight without sufficient prior warning. The court found that a legal solution was unreachable since the applicable laws did not include a solution for cancellation cases, only covering liability issues when a delay occurs.

Court of Appeals increases damages despite allegations of insufficient evidence
Argentina | 28 August 2013

The Court of Appeals recently increased the material damages awarded in a case concerning a complaint filed by two professional tango dancers against Lan Airlines seeking indemnity or compensation for a two-day delay in the delivery of their bags following cancellation of their flight due to bad weather. The court held that the evidence revealed a higher economic loss due to the cancelled performances.

Courts disagree over state versus federal jurisdiction in ticket fares case
Argentina | 12 June 2013

Two recent decisions regarding a dispute over an alleged surcharge on an airline ticket fare have produced opposing conclusions on the jurisdiction applicable to such cases - one argued for state jurisdiction, and the other for federal jurisdiction. These rulings demonstrate that even 45 years after the creation of the Aeronautical Code, court jurisdiction regarding aeronautical matters has yet to be settled.

Airline denied right to appeal in compensation case
Argentina | 03 April 2013

An airline was recently ordered to pay Ps12,000 (approximately $3,000) in compensation to a passenger for the loss of his baggage. In a rather unusual sentence, the judge did not apply the Montreal Additional Protocol 2 to the Warsaw Convention. The airline attempted to appeal the decision, but the appeal was rejected based on a procedural exception contained in the Civil and Commercial Procedural Code.

Mediation hearings may interrupt Montreal Convention recovery period
Argentina | 13 June 2012

The recovery period for damages brought under Article 35 of the Montreal Convention 1999 is two years. However, in Argentina, the statute of limitation set forth in Article 35 may be interrupted, delayed or postponed through the Mediation Law. Under the law, a mediation hearing called by claimants to recover damages based on the convention may cause the time limitation to be suspended under certain conditions.

Court rules that specific aviation legislation prevails over domestic legislation
Argentina | 15 February 2012

The Federal Court of Appeals on Contentious and Administrative Matters recently modified the penalty imposed by the National Directorate of Internal Commerce on VRG Linhas Aereas. The court stated that whenever specific aviation legislation governs a fact under review, it will prevail over general or domestic legislation.

Airlines withdrawn from scope of money laundering resolution
Argentina | 20 July 2011

On June 1 2011 Law 26.683 was passed before Congress. Under the law, airlines that act as customs agents have been withdrawn from the scope of Resolution 39/2011, as issued by the Unit for Financial Information (UFI) earlier this year. Thus, airlines are no longer subject to requests from the UFI regarding suspicious activities linked to money laundering or for the prevention of terrorism.

Resolution issued on assignment of parking positions at Buenos Aires airport
Argentina | 19 January 2011

Resolution 79/2010 of the Regulatory Body for the National Airport System was recently published in the Official Gazette. The resolution instructs Aeropuertos Argentina 2000 SA to implement the assignment of parking positions on airport ramps. Pursuant to the resolution, the assignment of 29 parking positions for Class C aircraft has been changed in accordance with the new layout of the City of Buenos Aires Jorge Newbery Airport.

Approval procedure for scheduled, non-scheduled and special flights changed
Argentina | 10 November 2010

National Civil Aviation Authority Resolution 764 was recently published in the Official Gazette. The new resolution changes the procedure for requesting approval of scheduled, non-scheduled and special flights. Among other things, it states that petitions to obtain approval of such flights must be made before the Civil Aviation Authority.

Immigration

Immigration Authority decisions subject to two instances of appeal
Argentina | 12 September 2014

The Supreme Court recently revoked an Administrative Court of Appeals ruling and held that the constitutional guarantee to two instances of appeal does not apply to decisions of administrative bureaux, but only to decisions in criminal cases. Immigration Authority decisions are subject to two instances of appeal under both the Federal Immigrations Law 25871 and the National Civil Procedures Code.

International Trade

Shipper ordered to reimburse carrier following inaccurate air waybill declaration
Argentina | 10 April 2015

The Court of Appeals recently decided that shipper Bioimplant SA had to pay carrier Fedex the amounts that the latter had paid to Customs in fines and export tax along with interest, legal expenses and fees, following an inaccurate declaration on the air waybill of a shipment of pacemakers between Argentina and Ireland.

Litigation

Applying for the benefit of litigation without costs
Argentina | 18 December 2012

Argentine law provides for litigation without costs in both civil and commercial proceedings. This process allows plaintiffs that lack financial resources access to the courts. If a plaintiff is not granted litigation without costs, the rule is that the losing party pays. However, what is the situation if a plaintiff loses in court, but has been granted litigation without costs?

White Collar Crime

Resolution establishes measures to protect against money laundering
Argentina | 16 May 2011

The Unit for Financial Information (UFI) recently published Resolution 39/2011, which establishes the measures that all registered importers, exporters and customs transport agents must observe in relation with the prevention of money laundering and the financing of terrorism. The UFI later postponed the resolution's application for 180 days, to allow the Argentine Congress time to discuss it further.