Legal grounds for detention the aircraft in Poland
Civil aviation in Poland is subjected to Civil Aviation Authority and is governed by Polish Aviation Act (hereinafter as: PAA), which regulates aviation services in Poland. The PAA provides inter alia provisions, which allow to detention the aircraft by airport authorities. This legal measure may be very painful to air carrier, thus it is important to be aware of existance of such regulations.
Airport Authority detention right
As per regulation of article 78 PAA the Airport Authority is allowed to detain temporary the aircraft in order to secure claims for unpaid airport charges or / and claims for damages caused by at the airport.
This regulation is limited in application scope only:
- to the Airport Authority (the only entity entitled to benefit form this retention)
- to claims for:
- unpaid airport charges or / and
- unpaid damages caused at the airport.
Retention upon this legal ground cannot be exercised by any other entity (only Airport Authority) and only to secure abovementioned types of claims (not other type of claims).
Application of article 78 Polish Aviation Act
Due to limited scope of the article 78 PAA, Airport Authority detention right does not pose a bigger threat for the air carrier, unless the there are some unpaid airport charges or damages at the airport.
Nevertheless, sudden detention of aircraft may cause serious problems with timelines of scheduled flights and then with compensation for unsatisfied Clients.
To obtain detailed information about Polish regulation on detention of aircraft and other related issues, please contact with our specialised lawyers or send us an e-mail at email@example.com