GERMANY Law and Practice Contributed by: Konrad Schott, Jan Brinkmann and Johannes Vogel, Freshfields
2.8.10 Revocation of a Deregistration Power of Attorney Under German law, a power of attorney expressed to be irrevocable is generally irrevocable except where there is no appropriate reason for the irrevocable nature or there is good cause ( wichtiger Grund ) that justifies the revocation. Therefore, while irrevocability limits the right of revocation, it does not exclude it entirely. 2.8.11 Owner’s/Lessor’s Consent In principle, the export of an aircraft by the owner does not require the lessee’s consent. However, if the aircraft is to be deregistered at the same time and the aircraft is encumbered with a German aircraft mortgage, a mortgagee will have to consent to the deregistration. As between the owner/lessor and the lessee, deregistration and subsequent export may not be permissible as long as the lessee’s right of quiet enjoyment under the lease subsists. A mortgagee is not entitled to appropriate or export the aircraft but may only cause the sequestration and a court-super - vised auction sale. 2.8.12 Aircraft Export Permits/Licences The certificate of airworthiness for export is issued by the LBA. The documents required for the application depend on the target country as well as the status of the aircraft. Since a certificate of airworthiness for export is only required in extraordinary instances, the time necessary to obtain an export licence may vary. Such certificate cannot be obtained in advance (eg, at the inception of the lease or registration). 2.8.13 Costs, Fees and Taxes Concerning Export of Aircraft There are no significant costs/fees/taxes chargeable in Germany in connection with the export of an air - craft. 2.8.14 Practical Issues Related to Deregistration of Aircraft For deregistration, the owner must provide the original certificate of registration kept on board the aircraft. Access to and control over the aircraft may therefore be a prerequisite if the operator is not co-operative.
of registration may be required for deregistration. If an aircraft mortgage is registered against the aircraft in Germany, the mortgagee’s written consent to the deregistration of the aircraft is required (Article IX of the Geneva Convention (1948)). 2.8.4 Duration of Deregistration Process If the documents presented to the LBA are complete and in the appropriate form, registration should usu - ally occur within four weeks. If the lease forming the basis for the use of the aircraft is terminated, and the authority is informed thereof, it may take action to pre - The LBA will not assure in advance the prompt dereg - istration of an aircraft to the owner applying for its deregistration. 2.8.6 Costs, Fees and Taxes Relating to Deregistration There are only minor fees chargeable in respect of the deregistration of an aircraft. 2.8.7 Deregistration Power of Attorney vent further operation of the aircraft. 2.8.5 Aviation Authority’s Assurances A deregistration power of attorney by the owner can generally be recognised. The power of attorney should be notarially certified, apostilled/legalised and translated (in certified form) into English or German. If substantive German insolvency law applies to the owner, the power of attorney lapses upon the owner’s insolvency. 2.8.8 Documents Required to Enforce Deregistration Power of Attorney The authority of the person acting for the owner when granting the deregistration power of attorney and the corporate existence of the owner (in case it is not a natural person) have to be demonstrated by accept - able documentation (including incumbency certificate, commercial register excerpt or other adequate proof). 2.8.9 Choice of Laws Governing Deregistration Power of Attorney A deregistration power of attorney to deregister an aircraft from the German aircraft register does not necessarily have to be governed by German law.
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