Law Office Badeva

Aviation Law – Highly Specialized Expertise

As leaders in one of the most complex and dynamic areas of law, our firm provides comprehensive legal support that integrates national legislation, international conventions, and European Union regulations. Our expertise is built upon many years of experience and an in-depth understanding of the specific characteristics of the aviation industry.

We recognize that aviation law requires not only knowledge of regulatory frameworks, but also a clear understanding of the technical, operational, and commercial aspects of the industry. We are committed to delivering top-tier legal solutions to air carriers, financial institutions, airport operators, insurance companies, and passengers.

Our Services Include:

Property Law Matters and Aircraft Financing

We provide specialized advisory services in aircraft sale and purchase transactions, leasing arrangements, and aircraft financing, taking into account their unique legal status.

Our expertise includes:

  • Sale and Registration
    Guiding clients through the process of acquiring ownership, which under applicable law requires a written legal instrument and mandatory registration in the Aircraft Register.
  • Financing and Mortgage
    Structuring financing agreements and establishing contractual security interests (mortgages) over aircraft. We possess extensive experience in protecting the rights of secured creditors, including complex issues related to priority ranking. Our in-depth understanding of ranking principles is essential, as statutory liens (e.g., tax claims) take precedence over contractual mortgages, which is critical for the proper structuring of security arrangements.
  • Enforcement and Realization of Security
    Advising on the specific aspects of enforcement against aircraft, including complex scenarios where the aircraft has been deregistered or is located abroad.
  • Leasing Agreements
    Drafting and reviewing aircraft leasing agreements (dry and wet leases), which must be concluded in writing and approved by the Civil Aviation Agency.
Regulatory Compliance

We provide essential support in ensuring compliance with the complex international standards of the European Union Aviation Safety Agency – EASA, EUROCONTROL, and the International Civil Aviation Organization, as well as national regulations administered by the Civil Aviation Agency.

Our expertise covers:

  • Licensing and Certification
    Assistance in obtaining and maintaining Certificates of Airworthiness, Air Operator Certificates (AOC), and other authorizations required for aviation operations.
  • Regulatory Inspections
    Representation and advisory services during inspections conducted by the Civil Aviation Agency. Our role is to proactively identify and address potential regulatory risks in order to avoid sanctions, taking into account the misdemeanor provisions of the Law on Aviation.
  • Implementation of EU Law
    Ensuring compliance with directly applicable EU regulations incorporated into domestic law, covering areas from safety and maintenance to passenger rights and the economic regulation of air transport.
Passenger Rights Protection

We provide effective representation for passengers in cases of flight cancellation, long delay, or denied boarding. Our practice is firmly grounded in Regulation (EC) No 261/2004, which has been incorporated into the Macedonian legal system through the Law on Obligations and Property Relations in Air Traffic.

This Regulation, together with the relevant statutory provisions, ensures clear passenger rights to compensation, assistance, and care. Our practice includes successful representation before competent courts, where Regulation (EC) No 261/2004 is directly applied to determine entitlement and the amount of compensation based on flight distance and the duration of delay. We also guide clients through the procedural aspects of filing claims.

Carrier Liability

We handle disputes concerning damages arising from passenger death or bodily injury, as well as damage to, loss of, or delay of baggage and cargo.

Our work is based on the Montreal Convention and Regulation (EC) No 2027/97, which are key international instruments implemented into domestic legislation through the Law on Obligations and Property Relations in Air Traffic.

Our experience shows that courts rigorously assess carrier liability in the context of their obligation to comply with applicable regulations. Failure to meet regulatory and airworthiness requirements may result in significant legal consequences.

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