Flight Rights Disputes in commercial aviation represent a specific category of legal conflicts involving relationships between airlines, airports, and regulatory bodies. This is not just about passenger claims; it more often concerns so-called "Traffic Rights," slot allocation, route access, and unfair competition. Amid the liberalization of Georgia's aviation market and its integration with the European aviation area, such disputes are becoming increasingly relevant as competition grows and market players actively fight for commercial positions.
What does Flight Rights Disputes service cover?
Lawyers working in this field protect the interests of airlines and other aviation entities in administrative and judicial bodies. Services include:
- Route Access Disputes: Protecting airline interests when flight permits are unjustifiably restricted or operation on a specific route is denied.
- Slot Allocation: Disputes regarding the allocation of take-off and landing times (slots) at airports, which is critical for an airline's commercial schedule.
- Competition Law: Challenging unfair competition, abuse of dominant position, or violation of subsidy rules.
- Interpretation of Bilateral Agreements (ASAs): Analysis of Air Service Agreements between states and protection of rights granted by these documents (e.g., 5th Freedom rights).
- Administrative Proceedings: Appealing decisions, fines, or regulations issued by the Civil Aviation Agency.
Common Situations and Needs
Flight rights disputes often arise in the following circumstances:
- Permit Suspension: The regulator suspends an airline's operating permit due to technical or administrative deficiencies, causing daily losses to the company.
- Discriminatory Charges: An airport imposes discriminatory tariffs or fees on a specific airline, violating competition principles.
- Loss of Slot: An airline is stripped of its historic slot ("Grandfather rights") at an airport, threatening its business model.
- Market Access Restriction: A foreign airline is restricted from entering the Georgian market due to local protectionist measures, contradicting the "Open Skies" policy.
Georgian Legislation and Regulations
Dispute resolution relies on the Air Code of Georgia and the General Administrative Code of Georgia (when disputing against an administrative body). The Law of Georgia on Competition is significant, prohibiting discrimination and market restriction. At the international level, disputes often involve Bilateral Air Service Agreements and the Common Aviation Area Agreement (ECAA Agreement) between Georgia and the EU, which obliges Georgia to uphold European standards of competition and market access.
Service Process
The dispute resolution process involves:
- Situational Analysis: Legal assessment of the dispute subject matter in light of national legislation and international agreements.
- Negotiations and Mediation: Attempting to resolve the problem with the regulator or the other party before initiating an official dispute.
- Administrative Complaint: Preparing and submitting a complaint to the superior administrative body (e.g., Ministry of Economy).
- Litigation: Filing a lawsuit in court and representing the client's interests in all instances.
- Enforcement: Monitoring the enforcement of the court or administrative decision to restore violated rights.
Why Legal.ge?
Aviation disputes require narrow specialization, as it is difficult for a generalist lawyer to understand nuances such as "slot coordination" or "freedoms of the air." Legal.ge gives you access to specialists who have experience specifically in aviation regulations and disputes. They will help protect your commercial interests and overcome bureaucratic barriers. Find your defender on Legal.ge and ensure your business's uninterrupted flight.
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