Retention the aircraft in Poland
Article 461 Polish Civil Code provides general right of retention. It states that movable property (e.g. aircraft) may be retained by a person who is obliged to hand it over (return), until such person’s claims for reimbursement of outlays, and for damages caused by the aircraft, are satisfied or secured.
This provision is very important, especially for the entities, which operates in the sector of aircraft maintenance services as well as in widely interpreted aviation business. Under certain conditions it allows undertaking steps to secure the claim of a party, which is in posses’ debtor’s aircraft.
However, it shall be noted that in some situations, article 461 PCC may not be sufficient to retain the aircraft by the party, which shall be satisfied.
In one of such cases, Court of Appeal in Warsaw stated that fees for repairs shall not be considered as outlays within the definition of article 461 PCC, so retention right shall not be applicable is such cases.
Nevertheless, depending on the circumstances of particular case article 461 PCC shall be considered as potential justification of right to retain the aircraft.
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