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Aircraft Registration: Challenges under German Law

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Chapter Summary

This chapter addresses the following question: What are the requirements for deregistering an aircraft registered in Germany subject to a mortgage registered in the German Aircraft Mortgage Register if the aircraft is being sold to a buyer in a foreign country, particularly if the foreign country has not ratified the Geneva Convention 1948? The registration and de-registration of aircraft raises complex questions of national and international law. There may be inconsistencies between German de-registration law and the Geneva Convention and policies may differ significantly from one EU Member State to another as is the case with respect to the registration of aircraft owned by non-European owners. As aircraft transactions, registrations and de-registrations involve several jurisdictions, particularly in case of commercial aircraft, it would facilitate these transactions if the same standards applied to registrations and de-registrations of aircraft throughout the EU in the interest of the creation of a single market.

Keywords: aircraft registration policies; EU Member State; Geneva Convention 1948; German Aircraft Mortgage Register; German de-registration law; international law



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