As the weather takes an Autumnal turn, welcome to our September
edition of Legalflyer where we once again review a series
of topical issues for the aviation industry.
We start this edition with an examination of the UK cartel
offence following the collapse of a recent high profile case (May
2010) brought by the Office of Fair Trading against four (current
and former) British Airways executives for price-fixing. The
article is written by Peter Scott, a partner and Mark Daniels, an
associate, both in our Competition practice in Norton Rose LLP,
In our second article and following on from articles in previous
editions, Matthew Hodkin, Tax partner and David Ward, Tax
associate, both based in Norton Rose LLP, London take a closer look
at the draft legislation proposed by the new coalition government
to bring the UK's zero-rating of aircraft into line with
Article 148 of Council Directive EC 2006/112, ahead of
implementation in January 2011.
Our third article considers the increasingly important topic of
embargos in relation to the aviation industry with particular focus
on EU embargos and the impact on aircraft leasing. The article is
written by Michael Jürgen Werner, partner and Raluca Marian,
consultant, both from the Competition practice in Norton Rose LLP,
In our fourth and final article we go across to Germany where
the package of austerity measures announced by the German
government prior to its parliament's Summer break included a
proposal to raise a new tax on all flights departing from German
airports. If it becomes law, the new tax is predicted to bring in
up to 1 billion euros per year for the public purse. Matthias
Weigert, a corporate finance associate and Jonathan Mullender, a
banking associate both based in Norton Rose LLP, Munich, assess the
Finally I am delighted to announce that Ernest van Buuren will
shortly be joining our commercial litigation team in the Brisbane
office of Norton Rose, Australia. Ernest joins from Blake Dawson
where he headed the trade and transport practice. His appointment
gives the practice added strength in trade and transport,
particularly aviation and shipping.
As always, I hope that you will find our articles to be of
interest and I would be delighted if readers could provide any
comments on the content, or suggestions for future editions of
Legalflyer, by using the comments box which can be
accessed through this hyperlink. Likewise please
feel free to pass on the details of colleagues who may wish to
The content of this article is intended to provide a general
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