Aviation Law in Spain

Due to the international activity of airlines and other companies that operate in the air transport sector, aviation law is a legal practice area with a very strong international focus. This is due to the fact that the aviation sector is regulated by bilateral and international agreements, including the Chicago Convention on International Civil Aviation of 1944, the Montreal Convention of 1999, EU regulations and also by the rules of international organisations, such as ICAO and IATA. Consequently, the capacity to provide comprehensive advice, tailored to companies operating in the field of aviation, requires extensive knowledge of international regulations, characteristics specific to the sector, clients’ commercial interests and the corresponding national regulations.

Advice on Daily Business Matters

Our Aviation Department advises commercial airlines and other companies in the aviation sector on ongoing business matters, both regarding commercial passenger transport and cargo transport, meaning it is continuously involved in the specifics of international air transport. This constant contact with the sector allows us to offer legal advice especially suited to our clients’ operational and commercial interests.

We also draft and review agreements standard in this sector, such as wet-and-dry lease agreements, codeshare agreements and other contracts essential for operation.

Legal Advice on the Sale and Purchase of Aircraft

When purchasing or selling an aircraft, specific national and international rules must be considered along with distinctive aspects characteristic of the sector. In addition to drafting the sale and purchase agreement and other contracts, evidently of key importance, other steps also play an important role in transactions. These include technical aspects, registration of aircraft, any possible liens on the aircraft appearing in national or international registries and their cancellation, and the time and place of transfers and payments. Above and beyond providing purely legal advice, we help our clients (whether companies or individuals) to coordinate and close transactions, working in close collaboration with our Tax Department as well as any other interested parties, such as escrow agents.

Permits to Fly, Air-Traffic Rights and Authorisations

We advise and support passenger and cargo airlines as well as private jet companies in the process to obtain permits to fly, register aircraft, etc. with national and European authorities including AESA, LBA, CAA and EASA. This includes all necessary permits, from general operating permits to specific authorisations, for example, regarding dangerous goods.

Even after obtaining the necessary permits for Spain and the EU, we continue to advise our clients, facilitating compliance with all legal requirements.

Lawsuits Involving Aviation

In close collaboration with our Litigation Department, we represent our clients, including airlines and insurance companies, in legal proceedings and out-of-court negotiations or settlements related to passenger claims based on Regulation (EC) 261/2004 and the Montreal Convention, as well as in complex litigation involving the air cargo sector.

Inspections and Civil Penalties

In Spain in particular, it is not uncommon for administrative proceedings to be initiated against airlines which can result in civil penalties. These issues most commonly involve potential infractions involving passenger rights, non-compliance with take-off or landing procedures and passenger transport without valid travel documents.

We represent and defend our clients in both administrative proceedings and before the competent administrative courts.

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Do you need advice in Spain? We would be delighted to help you. Please contact us at +34 91 319 96 86 or by email at mad@mmmm.es.