Aviation, Odi-se Avocats updates

France

Contributed by Odi-se Avocats
French Aircraft Registry: mortgagees must now elect domicile in Evry
  • France
  • 22 January 2020

The French Civil Aviation Authority's Registration Office recently moved from Paris to Athis-Mons. As a result, aircraft mortgage beneficiaries must elect domicile in the jurisdiction of the Evry Tribunal Judiciaire. This will not prove too difficult for French banks, which may elect domicile at a branch in the Court of Evry's territorial jurisdiction; however, foreign lenders and non-banking mortgagees will have to find someone (eg, a notary) who will accept such election of domicile on their behalf.

Manufacturers' liability in wake of AirAsia crash
  • France
  • 01 May 2019

The Court of Cassation recently rendered a decision concerning an AirAsia Airbus A320 which crashed in the Java Sea in December 2014, killing all crew and passengers on board. Notably, this decision reaffirms that, under French law, a manufacturer's liability cannot be limited or excluded on the grounds that another party or some other cause contributed to the damage if the product was defective and caused the damage.

Leisure drones: new rules for telepilots
  • France
  • 13 March 2019

French drone legislation was recently updated to require telepilots who fly drones for leisure purposes to undergo specific training. In addition, Law 2016-1428 on enhancing drone operational safety recently entered into force. Among other things, the law requires telepilots who fly drones weighing more than 800g to undergo mandatory training and requires certain civil drones to be registered.

Lifting of currency restrictions: impact on aviation industry
  • France
  • 19 December 2018

In 2016 French contract law was restructured to render it more predictable and commercially attractive. The reform extended to the currency limitation rule, which was considered both restrictive and unclear. A recently passed implementing law is expected to provide greater flexibility for aviation transactions, as the currency limitations no longer apply to transactions between professionals where payment in a foreign currency is common practice in the relevant industry.

Ryanair aircraft arrested in France
  • France
  • 12 December 2018

While developing its French network, Ryanair received support from various regional airports, including the Mixed Syndicate of Charente Airports (SMAC). The European Commission ultimately found this financial support to be illegal and, as a result, Ryanair had to repay the illicit subsidy to the SMAC. When Ryanair failed to make the payment in full, the SMAC requested the Bordeaux court to order the arrest of a Ryanair aircraft on its arrival at Bordeaux-Merignac Airport.


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