Brexit: aviation and travel regulation - Bird & Bird The CAA exercises certain licensing and other powers under EU Regulations, notably in connection with operational safety and airworthiness. The UK bodies are chiefly: the Secretary of State for Transport; and the Civil Aviation Authority (CAA). The creditor will have to demonstrate, inter alia, that there is a real risk of dissipation of the debtors assets other than in the usual course of the debtors business, and that the value of the debt is commensurate with that of the aircraft. International Aviation Authorities | Federal Aviation Administration Similarly, in May 2015, the EC accepted binding commitments offered by Air France/KLM, Alitalia and Delta all members of the SkyTeam airline alliance to address concerns over their transatlantic joint ventures with respect to capacity, schedules, pricing and revenue management and sharing of profit and losses, which have the object and effect of restricting competition on three routes, namely: (i) Amsterdam-New York; (ii) Rome-New York; and (iii) Paris-New York (COMP/39964 AF-KL/DL/AZ). Copyright protection applies to original works upon creation of the work, without the need for registration (copyright is not registrable in the UK). 2.7 How are the Conventions applied in your jurisdiction? The EU is now pushing ahead with a new proposal being made by the EC on 22 September 2020 for the Single European Sky initiative. English law as a rule recognises the concept of accession, which is similar to the nature of an annexation of title, for example by the owner of an aircraft to which an engine owned by another party is affixed. For more information, please read our cookie policy. UK legislation is contained in the Civil Aviation Act 1982 and the Air Navigation Order 2009 (as amended). However, where a merger falls outside the turnover thresholds of the EU Merger Control Regulation 139/2004, but falls within the definition of relevant merger situation within the Act (see below), the CMA will have jurisdiction to investigate it within four months of completion or the date it was made public, whichever is later (discussed below). 3.3 Which courts are appropriate for aviation disputes? 2.3 Are there any particular regulatory requirements which a lessor or a financier needs to be aware of as regards aircraft operation? Under Part 1 Article 4(3) of the Air Navigation Order 2009, an aircraft must not be registered or continue to be registered in the United Kingdom if it appears to the CAA that: (a) the aircraft is registered outside the United Kingdom and that such registration does not cease by operation of law when the aircraft is registered in the United Kingdom; (b) an unqualified person holds any legal or beneficial interest by way of ownership in the aircraft or any share in the aircraft; (c) the aircraft could more suitably be registered in some other part of the Commonwealth; or. 4.6 Are there any sector-specific rules which govern the aviation sector in relation to financial support for air operators and airports, including (without limitation) state aid? The Secretary of State has a general responsibility for organising, carrying out and encouraging measures for the development of civil aviation and the related aviation industry, for the promotion of its safety and efficiency, for research into questions relating to air navigation, and for the safeguarding of the health of persons on board aircraft. The UK implements the relevant requirements by way of the legislation discussed below. The different services appeal to different passenger groups with varying travel needs and price sensitivities. In a similar vein, in October 2017 the Court of Appeal rejected Emirates arguments and held that non-EU airlines are liable under Regulation 261 where a flight departing from the UK is delayed by at least three hours at the final destination, as a result of a missed connection outside Europe (Gahan/Buckley v Emirates [2017] EWCA Civ 1530). At a macro European level, in May 2018 the European Commission (the EC) dismissed a complaint, brought against Lufthansas 2015 introduction of a 16 surcharge on seats booked through the global distribution suppliers, such as Travelport, Travelsky, Sabre and Amadeus, which alleged breach of Council Regulation (EC) 2299/89 on a code of conduct for computerised reservation systems (the Code). Again, permission to appeal is required. Our role | Civil Aviation Authority The GDPR came into force in each Member State on 25 May 2018. 2.6 Is your jurisdiction a signatory to the main international Conventions (Montreal, Geneva and Cape Town)? Travelport, Amadeus, Sabre, etc. The headquarter is in Montreal, Canada, and there are 7 regional offices. Of less frequent application, a creditor may obtain a freezing injunction, restraining an aircraft pending judgment and execution of the judgment debt. trademarks) and other assets and data of a proprietary nature? We work with governments, regulators and legislators to promote the interests of UK airlines, and with organisations across the sector to encourage long-term and sustainable growth in aviation. As detailed above, the Montreal Convention became effective in the United Kingdom pursuant to the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2009 and it can be applied in the UK courts, without particular limitation, on that basis. Civil aviation authority - Wikipedia UK - EU Transition, and UK Civil Aviation Regulations To access current UK civil aviation regulations, including AMC and GM, CAA regulatory documents, please use this link to UK Regulation. Current Aviation Inspection Bodies: Helideck Certification Agency (HCA) E-mail: Info@helidecks.org Telephone: +44 (0)1224 704048 Website: www.helidecks.org Safeguard Helideck Certification. the outcome of the claim is of importance to the public in general. For example, the continued effects of coronavirus may not be seen as unforeseeable for new contracts made after the initial pandemic outbreak, therefore if the events defined in a force majeure clause must be unforeseeable, it could be argued that any coronavirus-related issues do not suspend obligations. The Court held that the claimant was entitled to compensation. and the pilot intends to record in an area where people are (except a public area), the group of people must be informed prior to recording commencing; the drone must not be flown within 50m of people, vehicles, buildings or vessels or within 150m of a congested area or any large group of people such as a concert or sporting event; and is intended to be utilised for commercial purposes, permission must first be obtained from the CAA. This includes what is intended to happen with the aircraft or aviation asset following a default by the lessee, and there is little prospect of a lessee successfully arguing that it has inadvertently obtained an interest in the property of a third party. The DPA 2018 repealed the UK Data Protection Act 1998 (the DPA 1998). The registration fees for such priority notices vary according to the MTOW of the subject aircraft, and are currently as follows (subject to revision annually): The relevant registration fee is applied by the CAA on a per aircraft basis. Such permit will only be granted if the necessary traffic rights exist (under a bilateral international agreement or otherwise), and is also subject to satisfying the Department for Transport of compliance by the operator with administrative requirements relating to the carriers aircraft and its insurance arrangements. All the major GDSs operate in the UK, e.g. The leg from Canada to the USA was delayed because of a delay to a previous leg of the aircrafts journey, which was not the one on which the passenger travelled: the passengers flight from the UK to Canada was unaffected. Force majeure clauses are designed for an event that may occur out of a partys control and which result in a party no longer being able to perform its obligations under the contract. Airlines must ensure that a clearly legible and visible notice containing prescribed wording is displayed to passengers at check-in, and must provide passengers affected by denied boarding with a notice setting out the rules for compensation. This Regulation establishes the rules on compensation and assistance to passengers in the event of denied boarding, long delay of flights, and cancellation. The UK competition authorities in all likelihood at the present time will follow an analysis similar to that of the CJEU and the EC. Remedies vary depending on the nature of the dispute. This is generally effective in providing an early warning of any potential detention or retention of a relevant aircraft, and in ensuring the timely termination of the relevant operating agreement before liens are enforced.
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