4.10 What are the mechanisms available for the protection of intellectual property (e.g. It has set one for domestic aviation, but it is worth noting that international aviation is excluded from these. They had until the end of September 2021 to apply for equivalent national UK trademark protection. However, the EU played a significant role in many other aspects of aviation. All the major GDSs operate in the UK, e.g. Different issues are addressed by different bodies and, in the UK, the following laws and standards apply: The EU ETS and CORSIA are of particular relevance to aircraft owners and financiers in addition to the operators of aircraft affected as they may give rise to certain rights of UK regulators to detain and sell aircraft for failure to comply with the regulations, although it appears that the previous statutory right to do so for failure to pay EU ETS penalties appears to have been removed under the UK ETS. Nevertheless, for the time being the United Kingdom is signatory to a number of Double Tax Treaties with other nations, the effect of which varies but which typically reduces the rate of withholding taxes payable in various jurisdictions of tax residency on outbound operating lease and finance lease rentals, as well as loan repayment interest, connected with the financing of aircraft assets. stamp duty) applicable to the buying and selling (i.e. The proposal has made some progress with the CAA providing a written judgment in May 2020 to confirm that there would be no change to the design of flight paths in or out of the airport as a result of the new runway, which would have been an extensive process to undertake. The UK is a party to the Chicago Convention 1944, which provides for availability, so far as practicable, of aerodromes in its territory (Article 28) and equality of conditions for use of aerodromes for international and domestic aircraft (Article 15). To that end, lease terms and conditions conventionally contain an indemnification of the owner/lessor of a relevant aircraft against losses and/or claims it incurs as a result of a repossession action. 1.9 What legislative and/or regulatory regime applies to air accidents? Civil and criminal cases will be heard in separate courts. Under the Civil Aviation Act 1982, the person managing or owning an aerodrome may detain an aircraft where its operator has not paid the applicable airport charges in respect of that aircraft, or of any other aircraft, which that operator operates. In the SAS/Maersk Air case, in which the parties notified a codeshare agreement to the EC for clearance, with an underlying cartel agreement in the form of a broad market-sharing agreement between the parties, the EC concluded that this agreement was a serious infringement of competition and fined the parties a total of 52.5 million, which was confirmed by the EU Court of First Instance (see COMP/37.444 SAS/Maersk Air and COMP/37.386 SUN Air/SAS and Maersk Air, 18 July 2001 (2001/716 EG) confirmed by CFI decision T-241/01, 18 July 2005). Consumer rights legislation will continue to strengthen in the UK as a result of the Consumer Rights Act 2015 and the ever-present bolstering of Regulation 261, primarily by the CJEUs interpretation of the Regulation, as now clarified to an extent by the 2016 Interpretative Guidelines, but also in relation to a revision to the Regulation (which remains to be agreed). UK competition law in its own right reproduces in virtually identical form EU competition law and systems of competition law enforcement, sections 2 and 9 of the UK Competition Act 1998 (CA 1998) setting out provisions similar to the prohibition of anticompetitive agreements and the exemption criteria (Articles 101(1) and 101(3) of the Treaty on the Functioning of the European Union (TFEU)). In common law, under specific conditions, a possessory lien arises in favour of a person who has expended labour and skills on the improvement of a chattel. There are no collateral rights of enforcement as a matter of law without a court order, and accordingly the exercise of such rights on a self-help basis usually requires the person in possession or control of the aircraft (or aviation asset) to cooperate with that exercise. Restrictions should be proportionate; and. Consumer protection law | Civil Aviation Authority The more usual course of action from a practical point of view is therefore to obtain a court order notwithstanding the rest. Civil disputes concerning personal injury or property damage may be pursued in the Queens Bench Division of the High Court or in the County Court in accordance with the criteria summarised below. The DPA 2018s jurisdictional scope includes persons who: (b) have an office, branch or agency in the UK; or. (d) the agreement should not eliminate effective competition. Nevertheless, it is common market practice (also in order to manage certain risks arising due to conflicts of law and legal systems as they apply to these most mobile assets) for engine owners and financiers to require entry into a contractual recognition of rights agreement governed by English law between the relevant parties as a condition to installing an engine on a different airframe. The ICO enforced a then unprecedented 20 million fine on British Airways as a result of the breach. The general competition rules (principally those contained in the CA 1998 and closely modelled on Articles 101 and 102 TFEU) apply fully to aviation as they do to other sectors. Pursuant to the UK domestic legislation the Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 the CAA is empowered to pursue enforcement proceedings against an airline for non-compliance with the European rules. It published the Joint Aviation Requirements (JAR), to create minimum standards across agencies. Drone-related offences are punishable by up to five years imprisonment. 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). The Court of Appeal found that availability of airline crew was inherent in the airlines operations and absence for sickness, regardless of whether that occurred before or whilst on duty, did not amount to an extraordinary circumstance. Our regulatory approach | Civil Aviation Authority For financial years beginning on or after 1 January 2016 and, if the directors of the acquirer so decided, financial years beginning on or after 1 January 2015, the acquirer qualifies as small or medium-sized if it, or the group of which it is a member (as defined in section 474 of the Companies Act 2006), has satisfied certain criteria laid down by the CMA (which is more fully detailed in the relevant section of the government website: www.gov.uk). The Secure Aviation Data Information System (SADIS) supplies World Area Forecast System (WAFS) and OPerational METeorology (OPMET) data to aviation users in Europe, Africa, and parts of Asia. Some airlines and airports are members of alternate dispute resolution bodies (ADR). the planning framework operated by local authorities. The requirement for improvement is now uncertain under English law. No. This exception does not apply if the merger parties notified the acquisition by submitting a merger notice. UK EU Transition, and UK Civil Aviation Regulations. To an alternate dispute resolution (ADR) body If the airline or airport does not have an agreement with an ADR, you can refer your complaint to the CAA Or take direct legal action For a visual representation of this process, see our process diagram. 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. There is no domestic legislation prohibiting the detention of commercial transport aircraft. The UK has a relatively low threshold of originality for a work to be considered an original work which is protected by copyright.
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