Aviation industry

If you are financing the purchase of an aircraft through a loan or lease, we can provide you with optimal advice during the acquisition transaction. This includes drafting and negotiating a financing contract tailored to your needs, as well as securing any necessary collateral and other security agreements.Additionally, we coordinate the processes between you as the buyer, your bank, the seller, and the operator. We ensure that the bank's requirements for loan disbursement are met so that the purchase price can be transferred upon technical acceptance and handover of your business jet.Our team has advised on aircraft financings totaling EUR 5.6 billion. We also collaborate with the experienced and ideal partner for investment projects: FM LeasingPartner GmbH.

When buying and selling aircrafts from and to the European Union, import VAT and customs duties may apply. It is crucial to declare the aircraft properly upon landing at the first customs airport. Failure to do so could jeopardize your VAT refund and may also result in additional transaction fees depending on the location of the transfer.With our extensive experience in aircraft import and export, we optimize both your transaction and the handover of your business jet.

To obtain the necessary approval for your aircraft's operation, a lot of paperwork needs to be completed and submitted. Whether you want to register your business jet under the Channel Islands, the Isle of Man, or under the German flag with the Federal Aviation Office (LBA) in Braunschweig, we provide advice and support in preparing the required documentation and handling the registration process.

Often, the necessary expertise and personnel are lacking to operate an aircraft in compliance with the regulations of the EASA (European Union Aviation Safety Agency) and the LBA (Federal Aviation Office). If you choose to have your aircraft operated by an entity as the legal aviation owner, this brings along various legal and economic questions. We are here to assist you both in answering these questions and in drafting the necessary contracts.

We assess both the legal feasibility and the tax implications—depending on your intended use, whether it's private use, leasing to reduce costs, corporate transportation within a group, or shared ownership with other co-owners. This includes topics such as VAT exemptions, fuel tax, or operating costs as deductible expenses for special purpose companies.Additionally, we assist you in finding the optimal partners and creating the necessary contractual documentation. This may involve using a third-party Air Operator Certificate (AOC) or managing Continuing Airworthiness through a Continuing Airworthiness Management Organisation (CAMO).

When it comes to aircraft damages, legal disputes with insurance companies can arise quickly. For example, if a pilot makes errors during flight preparation leading to an accident, liability insurers may seek to recoup damages from the pilot, or hull insurers may deny coverage based on suspected gross negligence. Such cases often require judicial clarification to determine whether safety regulations were violated. Enforcing claims against insurance companies in these situations demands a deep understanding of both aviation law and insurance law, which is where our expertise comes into play.

Wet leasing, or ACMI leasing, which involves leasing aircraft along with crew, maintenance, and insurance, has become an important form of aircraft usage. Due to fluctuating and often short-term capacity needs of commercial airlines, along with supply bottlenecks from aircraft manufacturers, different forms of wet leasing have developed to meet the specific needs of airlines. Accordingly, we craft tailored contracts for you that address these needs, focusing on ensuring quality standards in terms of maintenance conditions, crew qualifications, and financial security through guarantees.

In recent decades, the aircraft leasing market has experienced significant growth. Aircraft are leased by large leasing providers to commercial airlines in various configurations. These arrangements are typically based on complex and comprehensive contracts. We help you navigate these agreements and ensure a solution that aligns with your interests, focusing on aspects such as delivery and redelivery conditions, usage scope, and consequences of potential breaches of contract (default situations). Furthermore, we coordinate the execution and implementation of the contract to achieve the best possible outcome for you.

At the intersection of labor law and aviation law, in-depth knowledge of both areas is essential. The journey to the homebase, for example, is considered differently from the perspective of labor law (working time regulations) compared to what is prescribed by FRMS (Fatigue Risk Management Systems). Whether and when your pilot is considered self-employed or an employee is difficult to determine without knowledge of the extensive case law. Our labor law team advises various commercial aviation companies and can assist you with these complex issues without stumbling.

Maintenance is a critical foundation for ensuring safe flight operations. We advise on the conclusion of relevant framework agreements for base and line maintenance and negotiate contracts regarding the supply of technical components and avionics.

As the legal advisor for GATE e.V., we are closely connected to the recurring issues that affect your company. This proximity allows us to provide fast, cost-effective, and well-founded legal advice. Whether you are a foreign corporation with legal questions regarding your subsidiary in Germany, need to design a framework supply agreement, or require general terms and conditions for your purchasing activities, we have the right solution for you. For us, regulations like the Aviation Security Act are no surprise, and we navigate both ground vehicles and vertical baggage conveyors with equal ease.