Aviation Law Prof Blog

Arik Air Resumes Domestic Flights

The Nigerian government and the State's largest carrier have, at least for now, resolved whatever disagreements led to the grounding of aircraft last week.

Irish Aviation Authority Finds Ryanair in Compliance with Minimum Fuel Standards

There's been recent controversy over complaints by Spanish authorities that Ryanair planes might be carrying less than the minimum amount of fuel required to safely reach their destinations. Ryanair has attempted to reduce fuel costs and improve fuel efficiency by limiting the excess fuel carried on its flights. The initial investigation by Irish authorities appears to have found Ryanair in accord with its legal requirements.

Arik Air Suspends Domestic Flights

Arik Air, Nigeria's largest carrier, has halted all domestic flights indefinitely after its offices were raided Thursday, allegedly by government officials. The airline and government aviation authorities offer differing accounts of the incident. The airline is heavily in debt to the government and is supposedly behind on payments to its employees as well. This incident marks the latest misfortune for Nigeria's struggling aviation sector.

 

Foreign Carriers Already Contemplating Moves in Indian Market

Etihad has emerged as a leading candidate to become the first foreign carrier to take advantage of India's newly relaxed FDI rules. Etihad is in discussions to acquire a minority stake in Jet Airways. In related news, a number of LCCs, notably AirAsia, are said to be contemplating investing in Indian startups.

Tepid Interest in TAP

The Wall Street Journal has the details. Neither IAG nor Lufthansa submitted a bid for the Portuguese flag carrier. The government needs to sell the airline by the end of the year.

India FDI Reform Finally Goes Through

After close to a year of debate, the Indian government appears to have finally secured a change that will permit foreign carriers to own up to a 49 percent stake in Indian airlines. 

EU Members Deny Reports of Surrender on ETS

Yesterday's story that the EC might be willing to back down from including aviation in its ETS has now received push back from EU Climate Commissioner Connie Hedegaard and representatives of France, Germany, Spain and the U.K. There is clearly some dissent among politicians and industry actors within the EU over how to proceed in regard to this highly fraught international standoff. Current law includes international aviation in the EU ETS and today's comments make clear that there does not yet exist a consensus in support of a legal change.

EU Officials Ready to Fold on ETS?

News reports today suggest at least some EU officals, following a meeting with Airbus, are concerned enough about the prospect of a trade war that they're now willing to consider suspending the application of the ETS until a solution is reached through ICAO. 

Competition Review Obstructs Ryanair Takeover of Aer Lingus

Ryanair's third attempt at a takeover of Aer Lingus will be probed by EU competition regulators. The Irish low-cost carrier is dropping its bid for the country's flag carrier now, but hopes to be able to accommodate regulators' concerns as the competition review proceeds.

Open Skies News

There have been multiple developments regarding new or potential Open Skies agreements. Mexico is reportedly attempting to sell Belize, Honduras, El Salvador and Guatemala on a regional pact. Meanwhile, Fiji is meeting with UAE to discuss a bilateral agreement. Last week, the United States signed an Open Skies agreement with the former Yugoslav Republic of Macedonia though there is not currently service between the two countries.

Cameron: No Heathrow Expansion Until at Least 2015

Despite mounting pressure to reconsider, British Prime Minister David Cameron reaffirmed his opposition to a third runway at Heathrow Airport and indicated that he will remain opposed until after the next elections. The UK government is expected to provide more information next month about its preferred solution to the country's need for increased airport capacity. 

Outlook Worsens for FDI in India

The long-running saga over whether the Indian government will relax rules surrounding foreign direct investment in Indian airlines took another turn this week as a leader of an important political coalition expressed opposition to the proposal. 

German Court Rules Passengers Not Entitled to Compensation for Flights Canceled Because of Strike

EU rules require airlines to compensate passengers for canceled flights unless the cancellation results from "exceptional circumstances." Germany's Federal Court of Justice has just ruled that a worker strike qualifies as "exceptional circumstances." (via Wall Street Journal).

Japan Considering Paring Back Safety Regulations

Not what one typically thinks of when one hears the term "deregulation." Details here.

Passenger Rights Law Takes Effect in Israel

Airlines and charter flights departing Israeli airports will have to compensate passengers for delayed or canceled flights now that a new law has taken effect. The new law brings Israeli passenger protections closer in line with EU standards. Further harmonization will be necessary under the recently signed EU/Israel Air Transport Agreement.

FAA Says Seatbelt Extenders Must Come From Airlines

The FAA has issued guidance to aircraft operators that passengers should not be allowed to utilize separately purchased seatbelt extenders. The only extenders approved by the FAA for use are those provided by operators. 

Horton Dishes on AMR Merger, oneworld

In an story published in Sunday's Financial Times, American Airlines CEO Tom Horton shared a few notable tidbits of information. He said that AMR would likely make a decision in the coming weeks about merging with another carrier, that in the event of a merger AMR would remain in the oneworld alliance, and that oneworld is "on the brink" of adding one of the big three Gulf carriers: Emirates, Etihad or Qatar.

Ukraine Ratifies Cape Town Convention

On July 31 Ukraine became the most recent State to deposit its instrument of ratification to the Cape Town Convention on International Interests in Mobile Equipment and its Aircraft Protocol. Ukraine's elected declarations can be found here.

UK Competition Tribunal Dismisses Ryanair Challenge; Commission to Proceed with Investigation into Aer Lingus Holding

The UK Competition Appeal Tribunal has dismissed Ryanair's application for a review of the UK Competition Commission's decision to investigate Ryanair's 30% stake in Aer Lingus. A short summary and pdf of the full judgment can be found here.

Spirit Hit With Class-Action Suit Over Passenger Fees

Plaintiffs allege that between 2008 and 2011 Spirit Airlines misrepresented a passenger usage fee as a government charge. This is the second lawsuit brought about by Spirit's fare policies this year.