Air

There is increasing pressure on airlines to meet the expectations of their passengers who want their flights to cost as little as possible whilst being comfortable and, of course, punctual. If airlines fail to fulfil their passengers’ expectations, or if they do not fulfil them within a reasonable period of time, sales decline. In addition to the pressure caused by passengers’ expectations, there is also political (price) pressure on the airlines, which conflicts with the relevant turnaround times and other operative expenses that need to be optimised. We provide inter alia the following advisory services to the aviation industry, whether passenger transport or air freight.

Our Range of Advisory Services

Antitrust Law
  • Advising large carriers on how to expand further (European antitrust law)
  • Providing antitrust advice within the supply chain, advising on non-compete agreements and on rules of conduct towards other market participants
  • Advising on the formation and implementation of joint ventures
  • Advising on German and European merger control, coordinating foreign filings (multijurisdictional filings)
  • Providing compliance advice, representing clients in administrative fine proceedings and organising training seminars on how to act during “dawn raids” (inter alia, on-site assistance during inspections and searches, advice on leniency applications)

Antitrust Law >>

Commercial and Distribution Law, Product Liability/Product Compliance
  • Supply relationships – drafting all relevant purchasing and sales agreements, including all ancillary agreements, for the aviation industry (master agreements, letters of intent, letters of nomination (project agreements), quality assurance agreements, warranty agreements, terms and conditions of service, tool agreements, logistics agreements, etc.)
  • Drafting B2C conditions of sale for airlines (implementing air passenger protection regulations and other statutory requirements, amongst other things)
  • Providing advice before products are put into circulation, in particular, advising on how to comply with regulatory requirements (product compliance)
  • Developing product recall management systems
  • Reviewing technical documentation
  • Organising in-house seminars on product liability and product safety

Commercial and Distribution Law, Product Liability/Product Compliance >>

Corporate/M&A
  • Providing advisory services at a national and international level (also to groups of companies) and assisting with restructurings (merger agreements, shareholder resolutions, withdrawal agreements)
  • Providing buy-side and sell-side advice within the context of national and international mergers and acquisitions (securing of slots, carve-outs, bidding processes, financing and leasing of aircraft)
  • Advising on joint ventures with a geographic focus on Europe and Asia
  • Advising OEMs and tier suppliers with regard to investing in start-up companies and in venture capital (VC)

Corporate/M&A >>

International Trade Law/Export Control/Investment Control
  • Advising companies on matters pertaining to export control law (embargos, dual-use goods, transfer of know-how, etc.), providing training for managing directors and staff, drafting corporate export control policies
  • Advising foreign acquirers and also sellers on the investment control requirements under the German Foreign Trade and Payments Act (AWG) and the German Foreign Trade and Payments Ordinance (AWV), especially in the context of bidding procedures, and preparing and carrying out certificates of non-objection and approvals by the German Federal Ministry for Economic Affairs and Energy (BMWi), also and in particular in connection with Chinese investors

International Trade Law >>

IP/IT Law
  • Advising with regard to IT procurement (software and hardware licence agreements, Software-as-a-Service, Service Level Agreements, escrow and deposit agreements)
  • Assisting with IT outsourcing projects (IT and business process outsourcing and project agreements regarding complex IT systems)
  • Providing advice with regard to general network issues and advising management bodies on IT security and IT compliance
  • Advising on how to implement the German IT Security Act (e.g. critical infrastructure requirements for the transport and traffic industry)
  • Data protection (inter alia, GDPR) and data security (cybercrime)

IP & Copyright Law >>

IT Law >>

Restructuring & Insolvency
  • Providing integrated advice to companies from the aviation industry in an impending crisis (inter alia, advice on corporate law, (re-)financing, all kinds of pilot licences, protection of further assets (know-how), employment law, and the options available under insolvency law, such as protective proceedings etc.)
  • Advising companies on their own judicial restructuring (insolvency proceedings, protective proceedings)
  • Advising companies in the event of a customer’s or supplier’s insolvency and carrying out the related optimisation of supply contracts
  • Distressed M&A: advising on the acquisition of companies prior to their insolvency (as part of their restructuring) and on the acquisition of insolvent companies
  • Advising on the introduction of short-time work, negotiating the appropriate works agreements
  • Providing advice and assistance when it comes to securing jobs or to carrying out staff cuts and restructuring measures, in particular, negotiating reconciliation-of-interests agreements and social compensation plans

Restructuring & Insolvency >>

Key Contact >>

Key Contact

Dr. Steffen Gaber, LL.M. (Sydney)

Partner

T +49 711 9338 19192