Air & Space Law 2015 – Volumes 3 and 4/5 now available

The following articles are contained in Volumes 3 and 4/5:

Wybo P. Heere, ‘Bibliography of Air Law 2014’ (2015) Air & Space Law, Vol. 40(4/5), 345–364

Pablo Mendes de Leon, ‘Book Review: Alejandro Piera Valdés, Greenhouse Gas Emissions from the International Civil Aviation – Legal and Policy Challenges, 486 pp. 2015’ (2015) Air & Space Law, Vol. 40(4/5), 341–344

Jochem Croon, ‘‘If You Do Not Know Where You Are Going, You Will End Up Somewhere Else’: Update on the Continuing Discussion on Technical Problems and Passenger Rights’ (2015) Air & Space Law, Vol. 40(4/5), 331–339

Ástríður Scheving Thorsteinsson, ‘Air Transport and the Agreement on the European Economic Area’ (2015) Air & Space Law, Vol. 40(4/5), 299–330

Peter Harbison, ‘Book Review: Air Transport in the Asia Pacific, edited by David Timothy Duval,Ashgate Pub Co. 2014’ (2015) Air & Space Law, Vol. 40(3), 293–295

Wybo P. Heere, ‘Book Review: Marcus Schladebach: Lufthoheit, Jus Publicum, vol. 236, xxix-531 pp., Mohr Siebeck Tübingen 2014’ (2015) Air & Space Law, Vol. 40(3), 291–292

Pavle Kilibarda, ‘The Militarization of Outer Space and the Liability Convention’ (2015) Air & Space Law, Vol. 40(3), 271–290

Benjamyn Ian Scott, ‘Roadable Aircraft: An Analysis of the Current Legal Environment’ (2015) Air & Space Law, Vol. 40(3), 255–269

Jae Woon Lee and Michelle Dy, ‘Mitigating ‘Effective Control’ Restriction on Joint Venture Airlines in Asia: Philippine AirAsia Case’ (2015) Air & Space Law, Vol. 40(3), 231–253

Delphine Defossez, ‘The Single European Sky: What about the Liability Aspect?’ (2015) Air & Space Law, Vol. 40(3), 209–229

For further articles on or related to aviation law, see our Articles page.


IATA Legal Symposium 2016

IATA Legal Symposium 2016

Unrivalled for insight, relevance & value in aviation law

Exchange ideas and experiences, explore solutions and network with the airline industry’s foremost legal experts. With a reputation for insight, relevance and value among airline counsel, private practitioners and government lawyers alike, the IATA Legal Symposium is the world’s principal aviation law conference. Join us in Barcelona for an unrivalled examination of the contemporary and emerging legal challenges facing the sector.

  • When: February 17 – February 19, 2016
  • Where: Barcelona, Spain
  • Venue: The Hotel Arts, Barcelona
  • Audience: Airlines, Lawyers, Regulators and Policymakers

Proven to add value

The Legal Symposium 2015, held in Seoul, Korea, was widely lauded for its excellent program and engaging atmosphere. For example:

97% of our attendees agreed that the Legal Symposium was a valuable networking opportunity.
92% said that the conference content met or exceeded their expectations.
93% commended the overall value of attending the event.


Registration for Legal Symposium 2016 will open in October.

Attendee Type – Standard Fee
IATA Member Airline – $1,550.00
Non-IATA Member Airline – $1,975.00
Sister Trade Association – $1,550.00
Government Authorities or Governmental Agencies – $999.00
Airport Legal Counsel – $1,975.00
IATA Strategic Partner – $1,550.00
Other Delegates – $1,975.00

For further information, and registration information, visit

See our Events page for additional Aviation Law events.


EALA’s 10th Munich Liability Seminar – 14 September 2015


Liability, passenger rights, and insurance in the air transport and aerospace industries

14 September 2015
Hilton Hotel Munich Airport

Registration Form

The 10th Munich Liability Seminar will again cover a wide range of topical issues:
• New air traffic management technology will improve safety, but may change liability risks for manufacturers and operators. Will this re-quire new liability insurance solutions?
• Regulation 261/2004 – current issues and how air carriers can respond
• Liability issues resulting from overflight of conflict zones
• Update on toxic fumes in aircraft and air traffic disruptions resulting from volcanic ashes
• Update on liability of airports for birdstrikes
• Perhaps now more than ever, airframe manufacturers have available to them a range of strong defenses in aviation accident litigation filed in the United States, including
reinvigor-ated defenses based on personal jurisdiction and forum non conveniens.
• The Germanwings crash has stirred a debate about whether moral damages/pain and suffering awards for victims of aviation accidents and their families should be increased. It has been proposed that an international instrument should govern these damages.


The Future of the Air Transport Industry – Rome, 4 June 2015

The Future of the Air Transport Industry
Rome, 4 June 2015
LUISS Guido Carli University , Viale Pola 12, Rome Aula Magna Mario Arcelli


8.30 – 9.30 Registration and welcome coffee

9.30 – 10.00 WELCOME ADDRESS by Laura Pierallini


Prof. Paolo Boccardelli, Dean, LUISS Business School, LUISS University, Rome.

10.00 – 11.15 Panel I – The Future Of The Aviation Market: Regulators’ Dilemmas

Moderators: Mr. Gianni Dragoni – Prof. Pablo Mendes de Leon (Journalist, Il Sole 24 Ore)– (Director, IIASL, University of Leiden)

Ms. Emmanuelle Maire, Head of Unit DG Mobility and Transport, European Commission.

Ms. Gabriella Muscolo, Commissioner, Antitrust Authority, Rome.

Mr. Alessio Quaranta, General Director, Italian Civil Aviation Authority, Rome.

The regulators will openly discuss their views on the challenges of the aviation industry, while also addressing the position of infrastructure.

11.15 – 13.00 Panel II – Market Access: Finding The Last Loopholes

Moderator: Mr. John Balfour, Partner, Clyde & Co LLP, London.

Mr. Fathi Atti, Head of Government and Aeropolitical Affairs, Etihad Airways, UAE.

Mr. Jorn Wegter, Group Legal Counsel, Air France KLM, Amsterdam.

Mr. Federico Bonaudi, Manager – Facilitation, Regional Airports & Parliament Affairs, ACI Europe, Brussels.

Mr. Giacomo Aiello, State Laywer, Avvocatura dello Stato, Rome.

Mr. Marcos Alvarez, General Counsel, Vueling Airlines S.A., Barcelona.

Experts and operators debate the opening of the aviation market and the role of airports in this process.

13.00 – 14.00 Light lunch

14.00 – 15.30 Panel III – Financing the airline industry: where is the best deal?

Moderator: Prof. Laura Pierallini, LUISS University and Studio Pierallini, Rome.

Mr. Morten L. Jakobsen, Partner, Gorrissen Federspiel, Copenhagen.

Dr. Donal Patrick Hanley, Managing Director, ACG Aircraft Leasing Ireland Limited, Dublin.

Mr. Nikolai Ehlers, Partner, Ehlers, Ehlers & Partners, Munich.

Mr. Niels van Antwerpen, Vice President Legal, Aercap, Amsterdam.

Mr. Yazan Saoudi, Partner, Al Tamimi & Company, Dubai.

Mr. Alfonso Plana Bodén, Lawyer, Ari Consulting Group, Bogotá.

The financing of the airline industry is a critical issue for its development. Experts and operators will exchange views on the most topical matters.

15.30 – 16.45 Panel IV – Taxation And Charges: Local Problems And Global Solutions

Moderator: Prof. Mia Wouters, LVP Law and University of Ghent, Brussels.

Ms. Anne Frédérique Pothier, Head of Section, Eurocontrol, Brussels

Mr. Michael Gill, Executive Director, Air Transport Action Group (ATAG), Geneva.

Mr. Umberto Solimeno, President I.B.A.R., Country Manager Italy Air Canada, Rome.

Mr. Sergi Giménez, Partner, Fornesa Abogados, Barcelona.

Ms. Sorana Pop, Vice President Team Aviation Solution, Bucharest.

The panelists will examine increasing burdens on airline in light of sustainability of the industry.

16.45 – 17.00 Closing Session

Dr. Chris Schröder, Chief of Operations of various global aviation companies and guest lecturer at IIASL, Leiden University.

Presenting his views on recent aviation accidents, followed by

Concluding Remarks made by Prof. Pablo Mendes de Leon.

IAWA Reception at Studio Pierallini, Viale Liegi 28, Rome

Key Note: Ms. Patrizia Terlizzi – (Director, Fiumicino Airport)

Ms. Giovanna Laschena – (Director, Air Transport Development, ENAC)

For further information, visit the Luiss Business School website.

This event is FREE! Register here. Participation 8 ECTS.


Aviation Litigation Conference 2015 – Central Law Training

Aviation Litigation Conference 2015 – Central Law Training
30 September 2015 – London

This conference examines recent litigation and regulatory developments in the aviation sector. It covers a wide range of topics from recent European regulations, aircraft and engine redelivery disputes, and insurance. By bringing together leading aviation lawyers in both England and overseas, as well as in-house counsel, this conference provides an excellent opportunity for delegates to get an in-depth insight into current topics affecting this sector.

Session titles include:
• Passenger claims update: EC Regulation 261 updates and EU Directive on alternative dispute resolution
• The revised EU jurisdiction regime and implications for aviation claims
• Redelivery disputes: perspectives from both sides, early returns, presenting your case, common issues arising, technical input
• Aviation litigation trends and developments
• Updates on aviation insurance
• International perspectives
• In-house perspectives

Paul Phillips
Marcos Alvarez Almodovar
Sue Barham
Russell Binch
Jonathan Chambers
Simon McNamara
Wiebke Seyffert
Phil Seymour
Philip Shepherd QC
Robin Springthorpe

CPD: 6 hours

For further information, see here.


2016 Aviation Law and Insurance Symposium Dates Announced

2016 Aviation Law and Insurance Symposium Dates Announced

Venu Inc Press Release


The Villas of Grand Cypress will be the official host hotel for the 2016 Aviation Law and Insurance Symposium.

KANSAS CITY, Mo. (May 27, 2015) – Venu, Inc., producers of the Aviation Law and Insurance Symposium, revealed the host property for the 2016 Aviation Law and Insurance Symposium will be The Villas of Grand Cypress in Orlando, Florida. Program dates are Wednesday, January 20 – Saturday, January 23, 2016.

The 2016 hotel room rates begin at $199.00/night (club suite) inclusive of the resort fee but excludes state and local taxes.

The general program format will consist of a speaker and sponsor dinner on Wednesday evening (invitation only), general sessions on Thursday and Friday, and a Saturday review course hosted by the Florida Bar Association.

About the Aviation Law and Insurance Symposium

The Aviation Law & Insurance Symposium is endorsed by Embry-Riddle Aeronautical University (ERAU) and is one of the most prestigious and well attended Aviation Law programs nationwide. This symposium provides a forum for aviation attorneys, insurance personnel, and other professionals involved and interested in aviation law and insurance to discuss relevant issues. The focus is on present conditions, practices and future trends.

About The Villas of Grand Cypress

The Villas of Grand Cypress is a AAA Four-Diamond Orlando luxury golf resort like no other. The Villas of Grand Cypress offers 45 holes of Jack Nicklaus’ signature design golf, luxurious villa-style accommodations, endless recreation, exquisite dining and much more all wrapped into a world-class 1,500 acre Orlando golf resort.

About Venu, Inc.

VENU, Inc. produces results driven meetings, events and tradeshows for various industries on a national level and international level.

For further information, see

Contact: Greg Carlile, Vice President
Aviation Law and Insurance Symposium

2016 Aviation Law and Insurance Symposium Planning Committee Co-Chairs Announced

Press release from Venu Inc.

Gary W. Allen and Paul H. Leonard will co-chair the 2016 Aviation Law and Insurance Symposium program committee

Cecile Hatfield, former Chair of The Aviation Law and Insurance Symposium (ALIS), has announced that the 2016 Program Committee will be Co-Chaired by Gary W. Allen, Former Director, Aviation and Admiralty, Torts Branch, Civil Division, Department of Justice, Williamsburg, VA, and Paul H. Leonard, CEO, Charles Taylor Aviation (USA), Dallas, TX.

Gary W. Allen is an attorney and consultant specializing in aviation matters. He retired in September 2005 after serving for 20-years as Director of the 50-person Aviation & Admiralty Litigation staff of the Torts Branch, Civil Division of the Department of Justice with responsibility for the prosecution and defense of all aviation and admiralty tort litigation brought by or against the United States and its departments and agencies. He is an active member of the Virginia Bar and recently served as a Special Master in the Northern District of Texas for discovery-related issues in a putative class action against an air carrier and worked abroad on a private aviation arbitration matter in London.

Paul Leonard is Senior Vice President and Chief Executive Officer of Charles Taylor Aviation and Adjusting in Dallas, Texas, a subsidiary of Charles Taylor Consulting PLC in London. Paul is a licensed pilot with 38-years of aviation insurance experience. He is a former Senior Vice President of AIG Aviation; Executive Vice President of Signal Aviation Underwriters; and Chief Operating Officer of Universal Loss Management, Inc. Specializing primarily in Liability claims, he has been responsible for the defense of insureds in hundreds of cases under a wide variety of aviation insurance policies, including Aircraft Liability, Airport CGL and Hangarkeepers Liability, and Manufactured Products and Completed Operations.

Cecile Hatfield will remain a member of the Program Committee along with S.V. (Steve) Dedmon, Esq., Embry-Riddle Aeronautical University, Daytona Beach, FL; James Kreindler, Esq., Kreindler & Kreindler, LLP, New York, NY, Marc Moller, Esq., Kreindler & Kreindler, LLP, New York, NY; Mia Wouters, LVP Law, Brussels, Belgium.

The Aviation Law & Insurance Symposium is endorsed by Embry-Riddle Aeronautical University (ERAU) and is one of the most prestigious and well attended Aviation Law programs nationwide. This symposium provides a forum for aviation attorneys, insurance personnel, and other professionals involved and interested in aviation law and insurance to discuss relevant issues. The focus is on present conditions, practices and future trends.

Reference to CJEU for a preliminary ruling on derogation from greenhouse gas emissions trading schemes

Swiss International Air Lines Ag v (1) the Secretary of State for Energy And Climate Change (2) the Environment Agency [2015] EWCA Civ 331
Court of Appeal
Lord Justice Underhill, Lord Justice Vos, Lord Justice Burnett
1 April 2015

The appellant and claimant, Swiss International Air Lines AG (“Swiss”), challenged the validity of Decision 377/2013/EU of the European Parliament and of the Council of 24 April 2013 (the “Decision”). The Decision made provisions that derogated temporarily from Directive 2003/87/EC (the “Directive”) of the European Parliament and of the Council of 13 October 2003 which had established a scheme for greenhouse gas emission allowance trading within the European Union (“EU”) (as amended by the Directive 2008/101/EC (the “Aviation Directive”) of the European Parliament and of the Council of 19 November 2008 so as to include aviation activities). The effect of these directives was extended to states in the European Economic Area (“EEA”) by EEA Joint Committee Decisions 6/2011 and 43/2011.

Swiss is an air transport operator licensed in Switzerland. Switzerland is not a member of the EEA or the EU.

Rather than directly challenging the Decision, Swiss alleged before the UK court the invalidity of the regulations implementing the Decision in the UK, namely the Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2013 (No. 1037) (the “Regulations”). Since the Regulations do no more than implement the Decision, Swiss sought a reference to the CJEU, which is the only court that has jurisdiction to declare an EU measure invalid.

Swiss contended that it is badly affected by this state of affairs, and alleged that the Decision is a breach of the EU law principle of equal treatment. The lower courts rejected the application on the grounds that the EU law principle of equal treatment did not apply to differential treatment by the EU towards third countries, and that, even if the principle did apply, there was no arguable case that it had been breached in this case. The issue before the Court of Appeal was whether the judges were right on these two points. If they were not, then, it was common ground that a reference to the CJEU would be appropriate at least as to the validity of the Decision. Swiss aims to recover the surrendered allowances or their monetary worth.

Swiss brought the proceedings in the UK because the UK is Swiss’s “administering Member State” under article 18a of the Directive, as Swiss’s greatest estimated attributed aviation emissions in the relevant period were in relation to UK flights. The Environment Agency, the 2nd defendant and 2nd respondent, is the agency that undertakes that administration. The 1st defendant and 1st respondent, the Secretary of State for Energy and Climate Change, were joined because they were responsible for making the Regulations that are directly challenged.

The appeal was allowed and the following questions were referred to the CJEU for a preliminary ruling:

Question 1: Does the Decision infringe the general EU principle of equal treatment insofar as it establishes a moratorium on the requirements to surrender emissions allowances imposed by the Directive (as amended) in respect of flights between EEA states and almost all non-EEA states, but does not extend that moratorium to flights between EEA states and Switzerland?

Question 2: If so, what remedy must be provided to a claimant in the position of Swiss, which has surrendered emissions allowances in respect of flights that took place during 2012 between EEA states and Switzerland, to restore that claimant to the position it would have been in, but for the exclusion from the moratorium of flights between EEA states and Switzerland? In particular:-

a) Must the register be rectified to reflect the lesser number of allowances that such a claimant would have been required to surrender if flights to or from Switzerland had been included in the moratorium?

b) If so, what (if any) action must the national competent authority and/or the national court take to procure that the additional allowances surrendered are returned to such a claimant?

c) Does such a claimant have a right to claim damages under Article 340 of the TFEU against the European Parliament and the Council for any loss that it has suffered by reason of having surrendered additional allowances as a result of the Decision?

d) Must the claimant be granted some other form of relief, and if so what relief?

For further UK case law, see our United Kingdom – Cases page.


Employer’s duty of care for the death of an employee in connection with an aircraft accident

Cassley & Ors v GMP Securities Europe LLP & Ors [2015] EWHC 722 (QB)
High Court, Mr Justice Coulson, 31 March 2015

The Judge concluded that, although the employer, GMP, had failed in their duty to Mr Cassley, if they had done what they should have done, he would still have been on the flight that crashed at Avima on the morning of 19 June 2010. The accident, and the causes of the accident, was not reasonably foreseeable and/or too remote in law. The claimants seek to make GMP liable for the selection of Aero-Service as the carrier for the flight, and the manner in which that flight was executed when GMP was two steps removed from that decision. The manner in which the charter was executed was the responsibility of the pilots.

There is no general liability on a defendant for the action of a third party unless what happened was a “highly likely” consequence of the actions of that third party. That is not this case: the actions of the pilots that caused the accident were not ‘highly likely’. In those circumstances, the duty owed by GMP did not extend to the performance of the carrier once the flight had started: again that is consistent with the judgment of Hamblen J in Dusek. Or to put the same proposition in another way, no risk assessment performed by GMP would have identified the risk of pilot error, which was the primary cause of the accident.

For further UK case law, see our United Kingdom – Cases page.

2015: Volume 40(2) of Air & Space Law now available

2015: Volume 40(2) of Air & Space Law now available

The second issue of Volume 40 contains the following articles:

Peter Hulsroj, ‘Peter Hulsroj on Handbook of Space Law, edited by Frans von der Dunk with Fabio Tronchetti’ (2015) Air & Space Law, Vol. 40(2), 203–206

Geoffrey Deasy, ‘EU Competition Law Developments in the Aviation Sector: July to December 2014’ (2015) Air & Space Law, Vol. 40(2), 165–202

George N. Tompkins, ‘2014 Summary of MC99 Court Decisions’ (2015) Air & Space Law, Vol. 40(2), 147–164

Vincent Correia and Noura Rouissi, ‘Global, Regional and National Air Passenger’ (2015) Air & Space Law, Vol. 40(2), 123–146

Stefan A. Kaiser, ‘Legal Considerations about the Loss of Malaysia Airlines Flight MH 17 in Eastern Ukraine’ (2015) Air & Space Law, Vol. 40(2), 107–121

For further articles on or related to aviation law, see our Articles page.