Aviation updates

Germany

Contributed by Arnecke Sibeth Dabelstein
Measures to assist airlines during COVID-19 crisis
  • Germany
  • 08 April 2020

Due to the COVID-19 crisis, all German airlines have had to significantly reduce their number of flights. In order to assist airlines, the government implemented a new law to mitigate the consequences of the COVID-19 pandemic in civil, insolvency and criminal procedures (the COVID-19 Act). The new law is also relevant for aircraft lessors that have leased aircraft to German airlines and fear that in case of an airline's insolvency, they may have difficulties repossessing their assets.

Do German homepages and foreign providers have legal venue in Germany?
  • Germany
  • 01 April 2020

The Frankfurt/Main Higher Regional Court recently dismissed a claim for damages due to a ticket cancellation. The court rightly denied the international jurisdiction of German courts and confirmed that a legal person can be sued at the seat of its branch office. However, the prerequisite for this is that a dispute has a connection to the relevant branch office, which was lacking in this specific case.

Airport charges take flight: airlines challenge fee structure
  • Germany
  • 05 February 2020

In a recent Federal Administrative Court case – in which the German court referred questions to the European Court of Justice (ECJ) – Deutsche Lufthansa AG achieved its goal of defending itself effectively against higher airport charges and underlined the possibility of a judicial review to examine the appropriateness of airport charges. However, the ECJ decision clarifies that, for the time being, there is no scope for free pricing under the EU Airport Charges Directive and thus no contractual freedom for airport users.

Security controls outside scope of airlines
  • Germany
  • 15 January 2020

A recent Erding Local Court judgment concerned a compensation claim after four passengers missed their flight due to a security alert at the airport. The court decided that there was no entitlement to compensation because there had been no refusal of carriage by the airline. Given the growth of passenger numbers and the resulting need for extra security staff, the decision sets a positive and correct precedent for the benefit of airlines operating in Germany.

Q&A on pitfalls and red flags when dealing with German MROs
  • Germany
  • 23 October 2019

As airlines must constantly strive to reduce maintenance costs, it is prudent to carefully review and negotiate contracts with maintenance, repair and overhaul organisations (MROs). As MROs often insist that contracts must be governed by the law of their home jurisdiction, this article addresses a selection of important issues that must be considered when negotiating so-called 'time and material' or 'power by the hour' contracts with German MROs.


International

Three takeaways from COVID-19 crisis for improved customer care
Arnecke Sibeth Dabelstein
  • International
  • 25 March 2020

The impact of the coronavirus outbreak on the airline industry has been severe, with estimated losses of approximately $113 billion. The challenge for air carriers is how to handle a high volume of claims with a reduced workforce for an indefinite period. In that respect, the automation and digitisation of the claims handling processes can help airlines to handle more claims in less time and be flexible concerning their headcount and the volume of cases to be processed on a daily basis.

New year, new liability under Montreal Convention
Arnecke Sibeth Dabelstein
  • International
  • 26 February 2020

As of 28 December 2019, the limitations of liability in the Montreal Convention were adjusted. The last adjustment was made in 2009. Prior to that, the liability amounts had remained unchanged for 10 years. The new limits of liability apply to damaging events during air transport which were carried out after the amendments came into force.


Current search

Refine search

Jurisdiction