Aviation, Transport and Logistics: Regulatory

We advise on a wide variety of regulatory issues including licensing, oversight and certification, compliance with regulatory framework – domestic, regional and international – airline licensing, AOC’s, type certification, safety and security and the environment and international aviation conventions, emergency response, dangerous goods, safety regulations, and customs related questions.

We advise on airline conditions of carriage and necessary compliance requirements with the Montreal and Warsaw Conventions and Unfair Contracts legislation and applicable local legislation. We draft terms and conditions and manage and oversee the defence of regulatory investigations and consumer claims, using correspondent lawyers as necessary.

We negotiate and liaise with local and foreign governments regarding proposed and current legislative rulings applicable to commercial airlines and the business aviation industry. When necessary, we lobby on behalf of industry clients and handle claims arising out of legislative changes.

We enjoy and maintain good working relationships with all relevant regulatory and national enforcement bodies in Belgium and the European Union and, through our correspondents, in the EU Member States. We have close contacts within the European Commission, that allow us to approach these bodies directly and/or informally to discuss issues that concern our clients. These relationships assist us in being ahead of the game in terms of regulatory developments and updates and also allow us to address discreet issues raised by our clients with regulators before any formal action needs to be considered.

We provide a service of monitoring and reporting on regulatory, governmental and EU developments, including an alert regarding relevant draft legislation, case law, consultations on proposed regulation, as well as publicly issued guidance in aviation for the EU and individual Member States in all EU jurisdictions.

Our experience includes :

  • Assisting non-EU investors in setting up two EU licensed airlines, including the drafting of all necessary shareholders agreements and the contact with the national civil aviation authorities.
  • Advising the Belgian Minister of Transport and the Federal Administration of Mobility in relation to the renegotiation of the management contract between the Belgian State and Skeyes (formerly known as Belgocontrol), in charge of air traffic control in Belgium.

  • Advising on the sale and purchase of a major European low-cost airline.
  • Assisting a major Asian conglomerate in relation to regulatory aspects linked to aircraft maintenance requirements under Belgian law.
  • Assisting non-EU operators in relation to EU Air Safety List.
  • Assisting a cargo airline in the setting up of passenger operations with QC aircraft.
  • Advising on traffic rights issues for aircraft operation within the EU by an operator holding a non-EU Air Operator Certificate (AOC).
  • Intervening as expert before the Transportation Committee of the European Parliament in relation to groundhandling matters and regulations.
  • Advising a new EASA AOC holder on all aviation regulatory aspects of commercial airline services. Providing client with a “Regulatory Road Map” to enable them to ensure compliance across a wide range of regulatory requirements.
  • Advising the owner of business jets over the possibility to set up a shared-use or taxi business to operate short-haul private flights within the EU and discussing the same with several national civil aviation authorities.
  • Providing advice on regulation and legislation from Belgium, The Netherlands, Luxembourg, and the European Union (EU).

Our experience also includes :