Aviation Law

The main regulations include Czech aviation regulations, European Aviation Safety Agency (EASA) regulations and Federal Aviation Administration (FAA) regulations in the case of international traffic.

Basic steps include performing legal due diligence, negotiating and preparing a purchase agreement, registering the aircraft in the air registry and securing all necessary permits from the Civil Aviation Authority. You can learn more about buying an airplane in our article Safe and stress-free. What you should know when buying an airplane.

Legal due diligence is the process of analyzing all legal aspects of owning and operating an aircraft to identify potential risks and ensure that the buyer obtains all relevant information about the aircraft.

The documents include the purchase agreement, documents on the technical condition of the aircraft, certificate of airworthiness, insurance policies and other documents required by the Civil Aviation Authority.

The certification process begins application for type certificate, which is assessed by either EASA (for aircraft within the EU) or the national aviation authority for specific modifications or minor designs. This is followed by a technical evaluation of the design, airworthiness tests, conformity assessment and issuance of the relevant certificate. (e.g. type, supplemental or manufacturer's certificate). Legal issues may arise in particular in matters of liability between the manufacturer, the approval holder and the maintenance organization (Part-21, Part-145), in the event of design changes without approval or in the event of a dispute over the validity of the certification. It is also important to monitor the protection of intellectual property when cooperating with development partners. We will help you set up the contractual and regulatory framework so that the certification process is smooth and legally secure.

The procedure includes obtaining the necessary permits from foreign aviation authorities, meeting their registration requirements, performing inspections and submitting documentation confirming ownership and airworthiness of the aircraft.

Yes, but only under certain conditions. You can operate an aircraft registered outside the Czech Republic if it meets the requirements EASA or the competent national authority of the country of registration and if it has secured airworthiness in accordance with applicable regulations. For commercial operations (AOC), it is necessary that the operation is in accordance with the rules TCO (Third Country Operator), i.e. with EASA permission for flights to and from the EU. In the case of private operation, at least Part-NCO standards and valid liability insurance must be met. However, operation from the Czech Republic may require the approval of the Civil Aviation Authority, especially if the aircraft is physically located on Czech territory for a long time. In practice, it is key to resolve tax, customs and insurance aspects and to prove that maintenance and operation are carried out in accordance with recognized European rules. We will be happy to help you set up the structure of your operation so that it is in accordance with the law and practice of the Civil Aviation Authority.

The procedure includes identification of damage, securing of evidence, assessment of liability, negotiation of damages and possibly representation in court or administrative proceedings.

Establishing an airline involves obtaining the necessary licenses and permits, registering the company, preparing a business plan, securing financing, purchasing or leasing aircraft, preparing operational documentation, and training personnel.

Drone operators must comply with regulations regarding registration, airworthiness, operational restrictions (e.g. height limits, no flying over people or near airports), insurance and safety measures. You can read more about operating drones, including in protected areas, in our article Operation of unmanned aircraft in specially protected areas.

For damage usually the operator and/or pilot is responsible; follow the insurance conditions, secure evidence (photo documentation, flight records) and report the damage immediately. For commercial flights, we recommend extended liability limits. We will help with communication with the insurance company and the injured party.

First, document the incident (photo/video, times), then you can proceed through private law (protection of privacy, property rights) or administrative means (notification to the authority/police). We will advise on an effective and appropriate procedure, including GDPR aspects and communication with neighbors.

Non-standard operations, such as air displays, airdrops or flights outside approved routes, subject to special permission from the Civil Aviation Authority (ÚCL). The basis is to submit a written application in a timely manner with a description of the planned event, types and number of aircraft, location, time and method of ensuring safety. The ÚCL may also require an opinion from air traffic control (ANSC) and a certificate of liability insurance. In addition, you need the consent of the Ministry of Defense for airdrops if they take place outside approved areas. We recommend starting preparations at least 30 days before the event so that you have time to obtain all approvals and provide documentation.

A fine from the Civil Aviation Authority (CAA) can be appealed by appeal, which must be filed within 15 days from the date of delivery of the decision. The appeal is addressed to Ministry of Transport, but is filed through the Customs Office. The appeal must clearly state which points of the decision you are challenging and why – for example, incorrect factual findings, violation of procedural rules or disproportionate amount of the penalty. The Ministry of Transport can confirm, change or cancel the decision. If you still disagree with its verdict, you can file administrative action to the regional (in Prague to the Municipal) court. In practice, it pays to use a lawyer who understands administrative proceedings and the specifics of aviation regulation - he can challenge the methodology of the Civil Aviation Authority or failure to comply with the principles of evidence. We will be happy to help you with a draft appeal and representation in the proceedings.

The application of VAT on the purchase of an aircraft depends on the type of operation and the place of supply. In the case of an aircraft intended for private or business use within the EU, the standard VAT rate will apply according to the country where the aircraft is supplied or moved. Exemption from VAT is possible if the aircraft is intended for for an airline operating predominantly international air transport for remuneration – the so-called “chiefly international test”. This regime also applies to the repair and maintenance of such aircraft. When imported from a third country, the aircraft may be temporarily exempt from VAT and customs duties under the regime temporary use, if it is exported from the EU territory again. However, each case must be assessed individually according to the operational purpose and legal status of the operator. We will help you set up the transaction so that it is tax and legally correct.

When importing an aircraft from a third country into the EU, the following must be followed: Union Customs Code (UCC)The basic option is standard customs release for free circulation, where the customs duty and VAT from the customs value. However, if the aircraft is intended for temporary use only (e.g. test flights, presentations, charter for a limited period), it is possible to use temporary use regime, which allows you to import the machine without duty and VAT if it is subsequently exported. This regime is usually granted for 6-12 months. In practice, it is necessary to prove ownership, the purpose of import, air documents and sometimes a guarantee for possible customs debts. For commercial operations, it must be ensured that the operator has the appropriate permit (e.g. TCO or AOC). We will be happy to help you with customs clearance and setting up the optimal regime to avoid unnecessary costs or sanctions.