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Air Transport

Published: October 2018

Poland


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  • 1.

    Which bodies regulate aviation in your country, under what basic laws?

  • 2.

    How is air transport regulated in terms of safety?

  • 3.

    What safety regulation is provided for air operations that do not constitute public or commercial transport, and how is the distinction made?

  • 4.

    Is access to the market for the provision of air transport services regulated, and if so how?

  • 5.

    What requirements apply in the areas of financial fitness and nationality of ownership regarding control of air carriers?

  • 6.

    What procedures are there to obtain licences or other rights to operate particular routes?

  • 7.

    What procedures are there for hearing or deciding contested applications for licences or other rights to operate particular routes?

  • 8.

    Is there a declared policy on airline access or competition, and if so what is it?

  • 9.

    What requirements must a foreign air carrier satisfy in order to operate to or from your country?

  • 10.

    Are there specific rules in place to ensure aviation services are offered to remote destinations when vital for the local economy?

  • 11.

    Are charter services specially regulated?

  • 12.

    Are airfares regulated, and if so, how?

  • 13.

    Are there any rules regulating the operation of unmanned aircraft systems (drones)?

  • 14.

    Who is entitled to be mentioned in the aircraft register? Do requirements or limitations apply to the ownership of an aircraft listed on your country’s register?

  • 15.

    Is there a register of aircraft mortgages or charges, and if so how does it function?

  • 16.

    What rights are there to detain aircraft, in respect of unpaid airport or air navigation charges, or other unpaid debts?

  • 17.

    Do specific rules regulate the maintenance of aircraft?

  • 18.

    Who owns the airports?

  • 19.

    What system is there for the licensing of airports?

  • 20.

    Is there a system of economic regulation of airports, and, if so, how does it function?

  • 21.

    Are there laws or rules restricting or qualifying access to airports?

  • 22.

    How are slots allocated at congested airports?

  • 23.

    Are there any laws or rules specifically relating to ground handling?

  • 24.

    Who provides air traffic control services? And how are they regulated?

  • 25.

    Are there any special rules in respect of death of, or injury to, passengers or loss or damage to baggage or cargo in respect of domestic carriage?

  • 26.

    Are there any special rules about the liability of aircraft operators for surface damage?

  • 27.

    What system and procedures are in place for the investigation of air accidents?

  • 28.

    Is there a mandatory accident and incident reporting system, and if so, how does it operate?

  • 29.

    Do sector-specific competition rules apply to aviation? If not, do the general competition law rules apply?

  • 30.

    Is there a sector-specific regulator or are competition rules applied by the general competition authority?

  • 31.

    How is the relevant market for the purposes of a competition assessment in the aviation sector defined by the competition authorities?

  • 32.

    What are the main standards for assessing the competitive effect of a transaction?

  • 33.

    What types of remedies have been imposed to remedy concerns identified by the competition authorities?

  • 34.

    Are there sector-specific rules regulating direct or indirect financial support to companies by the government or government-controlled agencies or companies (state aid) in the aviation sector? If not, do general state aid rules apply?

  • 35.

    What are the main principles of the state aid rules applicable to the aviation sector?

  • 36.

    Are there exemptions from the state aid rules or situations in which they do not apply?

  • 37.

    Must clearance from the competition authorities be obtained before state aid may be granted?

  • 38.

    If so, what are the main procedural steps to obtain clearance?

  • 39.

    If no clearance is obtained, what procedures apply to recover unlawfully granted state aid?

  • 40.

    Is there any aviation-specific passenger protection legislation?

  • 41.

    Are there mandatory insurance requirements for the operators of aircraft?

  • 42.

    What legal requirements are there with regard to aviation security?

  • 43.

    What serious crimes exist with regard to aviation?

  • Updates and trends

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MMMLegal was founded in 2008 by three practicing aviation lawyers – Krystyna Marut, Edyta Michalak and Anna Burchacińska-Mańko. The idea was to provide highly specialized legal assistance to the business entities acting on the rapidly developing Polish aviation and tourism market, in particular airlines and airports as well as tour operators.

View more information about MMMLegal Legal Counsels


Nowa Iwiczna
Zimowa Str. 27B/31
05-500
Nowa Iwiczna
Poland
T: +48 22 713 82 12
F: +48 22 713 82 11


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