FRANCE Law and Practice Contributed by: Yves Hénaff d’Estrées, HENAFF D’ESTREES
4. Other Issues of Note 4.1 Issues Relevant to Domestic Purchase, Sale, Lease or Debt Finance of Aircraft It should be noted that the highest administrative court, the State Council ( Conseil d’Etat ), passed judg - ment in July 2003 that a retention by the Paris airports authority of several aircraft operated by a lessee had been made in violation of the right of property of the aircraft owner/lessor. The leases had been terminated for default of payment. According to the State Coun - cil’s judgment, Article 1 of the European Convention on Human Rights guarantees the respect of any per - son’s right of property, which is considered a “funda - mental freedom”, and the airport was ordered to pay damages to the company.
4.2 Current Legislative Proposals There are no current legislative proposals in relation to the matters covered by this chapter.
189 CHAMBERS.COM
Powered by FlippingBook