PRACTICE AREAS


Aviation

M. & P. Bernitsas Law Offices’ Aviation team represents a wide range of participants in the industry and has extensive experience in advising on:

  • the regulatory framework governing the airline, airport, traffic rights, national bilateral agreements, and public service obligations as well as ground handling industries including MRO;
  • setting up new aviation companies and establishment of subsidiaries of overseas aviation companies;
  • drafting and negotiation of ground handling and supply contracts between airlines and suppliers;
  • sale, finance and lease of individual aircraft and fleets and drafting and negotiation of operative and financial leases as well as any related financial and security documentation;
  • mergers, acquisitions and privatisations in the sector including financing aspects;
  • the effect of European Union and local legislation on a business following a merger, acquisition, disposal or privatisation and in relation to issues such as employment, intellectual property and tax, within the context of the operation of the resulting entity.

For more information on our Aviation practice, please contact Katia Papantonopoulou.

 


Notable Experience

We have advised in most of the major financing transactions entered into by the national airline, Olympic Airways, over the last two decades. These include the lease by Olympic Airways of Boeing aircraft under Japanese Leveraged Leases in 1991, an export credit finance transaction for the acquisition of new Airbus aircraft by Olympic Airways in 1992, the sale and leaseback of Airbus aircraft by Olympic Airways in 1993, an export credit finance transaction for the acquisition of two Airbus A340 aircraft by Olympic Airways in 1999 and the financing of the acquisition of two Airbus A340 by a consortium of international banks and leased by way of financing leases to Olympic Airways. We have also advised the Hellenic Republic acting as guarantor for the acquisition of the four Airbuses above by the exercise of its step-in rights in 2005. 

Practice Highlights

2009-10 Practice Highlights

Recent matters include acting on behalf of:

  • several leading international banking institutions in relation to the sale of aircraft and the discharge of the existing mortgages, the registration of new mortgages and the provision of legal opinions on associated matters.
  • leasing corporations in relation to aircraft leased to airlines established in Greece and the provision of legal opinions.
  • the purchasers in the acquisition of aircraft leased to private air carriers, the registration of the ownership transfer with the Civil Aviation Authority and the provision of general legal advice.
  • the Hellenic Republic in the privatization of Olympic Airlines, including the sale of its flight operations, technical maintenance and ground handling to Marfin Investment Group with a transaction value of €177.2m.
  • the Hellenic Republic in the setting up of the airline company to succeed Olympic Airlines, their financing arrangements, the purchase, lease, sublease and charter of aircraft as well as the regulatory and licensing issues arising.
  • the Hellenic Republic in the setting up of the ground handling and maintenance facilities companies to succeed Olympic Airways Services.
  • the lessee of a private aircraft in presenting its claims against a US technical services provider.
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