08
mei

  Flying into the Unknown: The UK’s Air Transport Relations with the European Union and Third Countries Following “Brexit” ( Part 1 )   INTRODUCTION The United Kingdom has been a member of the European Union (EU) since 1972. The constitutional principle of parliamentary sovereignty and the UK’s dualist approach to international law meant that EU law required implementation in national law. The European Communities Act 1972 gave EU law direct legal effect in the UK. Ever since then, EU law has been an integral part of the UK’s legal system, shaping its industry and being shaped by it. Forty-four years later new solutions are being sought, this time to distance that UK and its industry from EU law. Withdrawal from EU membership under Article 50 of the Treaty on EU takes place from the date of entry into force of the withdrawal agreement or, failing that, two years after a notification withdrawal is given the Council, and there will be no change to the existing legal framework within such time and until the European Communities Act 1972 has been amended or repealed. THE EU INTERNAL AVIATION MARKET 2.1. Market Access In the context of a traditionally highly regulated industry ...

13
mrt

  The role of Legal Opinions In most important international business transactions, particularly where one of the parties has retained EU lawyers – but increasingly also where no European lawyer is involved – opinions of counsel are required as a condition precedent to the consummation or “closing” of the transaction. Legal opinions of the kind discussed here state conclusions of law but do not set forth the reasoning underlying such conclusions. Parties to a business transaction usually ask for legal opinions in order to evaluate the legal risks that may be involved in the transaction. The recipient of a legal opinion rendered in the context of a business transaction wishes to obtain counsel’s professional judgment that the legal assumptions upon which the recipient is basis his decision on whether or not to go forward with the transaction are correct. An unqualified favorable opinion is a statement to the recipient that counsel has examined specified legal aspects of the transaction and found them in order. To the extent that counsel is unable to give an unqualified favorable opinion, the recipient is put on notice that the transaction involves certain legal risks which the recipient should evaluate. Generally, one can say, a legal ...

29
jan

BIT BY BIT, BLOCKCHAIN IS COMING What's cryptocurrency? Understanding blockchain technology starts with understanding cryptocurrency. And to explain cryptocurrency we will use its star pupil: bitcoin. Bitcoin is a digital currency, created and stored electronically, existing entirely in computer code. Bitcoin was first revealed in a white paper written by one Satoshi Nakamoto in 2008, which foreshadowed its primary, ground-breaking use: a platform on which individuals can make secure payments to each other without the need for an intermediary (like a bank). The identity of Satoshi is still unknown. Each bitcoin is created by being "mined" by computers, much like how gold is mined. Bitcoin shares some other attractive features with gold: ·         it's decentralised, which means it's not controlled by any one entity (unlike fiat currencies which are generally controlled by national governments) ·         it's scarce, there will never be more than 21 million bitcoins in the world (unlike fiat currencies which can be printed at the will of a government). What's a blockchain? What’s more fascinating (to some) and revolutionary than cryptocurrency is the technology sitting behind it: the blockchain. The simplest way to think about blockchain is as a digital ledger containing every transaction ...

19
dec

SOME RECENT AVIATION JURISPRUDENCE   ECJ - JUDGEMENT - 6 July 2017 - Case C-290/16 - Air Berlin - Germany - ECLI:EU:C:2017:523    Flight cancellation fee; unfair terms in consumer agreements Regulation (EC) no. 1008/2008. This case concerns among others a German scheme that prescribes that airlines may charge no administrative costs to customers who do not show up for their flight or have cancelled it. Court of Justice: The cancellation fees charged by airlines can be assessed concerning their lack of fairness. Moreover, the various elements of the final price to be paid to the airlines must be listed separately. Thus, by Article 23, paragraph 1, third sentence of Regulation (EC) no. 1008/2008 it must be understood that airlines, when announcing their passenger rates, must separately specify the amounts payable by the customer, according to article 23, paragraph 1, third sentence, under b), c) and d), for the taxes, airport charges and other charges, surcharges and fees, and therefore these may not, not even partially, be incorporated into the passenger rates referred to in Article 23, paragraph 1, third sentence, under a), of that regulation. Thus, Article 22, paragraph 1, of Regulation no. 1008/2008 must be understood as not precluding, when ...

07
nov

  Some Issues regarding Drones (Remotely Piloted Aircraft Systems)   Drones are today tools, which are becoming more and more common. The threat faced by military drones to civil aircraft is ominous. One will also consider that those responsible for operating RPAS such as the remotely-piloted Predator MQ-1 or Reaper MQ-9 aircraft do not usually seek or receive the permission as prescribed by Article 3(c) of the ICAO manual. One will be aware that an RPAS like this carries sophisticated weapons, and is programmed to launch lethally accurate strikes against terrorists in conflict areas of the world. One should also consider that an RPAS, such as for instance the Reaper, does not have a pilot in the cockpit, but more than 180 people are require to keep the drone flying. A pilot is however always at the controls, and another officer operates its sensors and camera. The ICAO RPAS Manual recognizes a State in which hazards and risks to safety are reduced and alludes to safety management systems as systematic approaches to managing safety, including the necessary organizational structures infrastructure, formalities and procedures. It is clear that there are many safety aspects in aviation. The Manual on Remotely Piloted Piloted Aircraft Systems of ICAO refers ...