Getting The Deal Through logo
Getting The Deal Through

Air Transport

Published: October 2019


    Expand All / Collapse All

  • 1.

    Regulators and primary legislation
    Which bodies regulate aviation in your country? Under what basic laws?

  • 2.

    Safety regulations
    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.

    Market access
    How is access to the market for the provision of air transport services regulated?

  • 5.

    Ownership and control
    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.

    Competition policy
    Is there a declared policy on airline access or competition? What is it?

  • 9.

    Requirements for foreign carriers
    What requirements must a foreign air carrier satisfy to operate in your country?

  • 10.

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

  • 11.

    Charter services
    How are charter services specifically regulated?

  • 12.

    Regulation of airfares
    How are airfares regulated?

  • 13.

    How is the operation of unmanned aircraft systems (drones) regulated?

  • 14.

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

  • 15.

    Mortgage register
    Is there a register of aircraft mortgages or charges? 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? What are they?

  • 18.

    Who owns the airports?

  • 19.

    What system is there for the licensing of airports?

  • 20.

    Economic regulation
    Is there a system of economic regulation of airports? How does it function?

  • 21.

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

  • 22.

    Slot allocation
    How are slots allocated at congested airports?

  • 23.

    Ground handling
    Are there any laws or rules specifically relating to ground handling. What are they?

  • 24.

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

  • 25.

    Passengers, baggage and cargo
    What rules apply in respect of death of, or injury to, passengers or loss or damage to baggage or cargo in respect of domestic carriage?

  • 26.

    Surface damage
    Are there any special rules about the liability of aircraft operators for surface damage? What are they?

  • 27.

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

  • 28.

    Accident reporting
    Is there a mandatory accident and incident reporting system? How does it operate?

  • 29.

    Specific regulation
    Do sector-specific or general competition rules apply to aviation?

  • 30.

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

  • 31.

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

  • 32.

    Code-sharing and joint ventures
    How have the competition authorities regulated code-sharing and air-carrier joint ventures?

  • 33.

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

  • 34.

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

  • 35.

    Rules and principles
    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? Is state aid regulated generally?

  • 36.

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

  • 37.

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

  • 38.

    Clearance of state aid
    Must clearance from the competition authorities be obtained before state aid may be granted? What are the main procedural steps for doing so?

  • 39.

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

  • 40.

    What rules regulate denied boarding, cancellation or (tarmac) delay?

  • 41.

    Package holidays
    What rules apply to the sale of package holiday products?

  • 42.

    Other consumer legislation
    Is there any other aviation-specific consumer legislation?

  • 43.

    Insurance for operators
    What mandatory insurance requirements apply to the operation of aircraft?

  • 44.

    Aviation security
    What legal requirements are there with regard to aviation security?

  • 45.

    Serious crimes
    What serious crimes exist with regard to aviation?

  • Updates and trends

View profile

Basch & Rameh was founded in 2000. The firm is specialised in international transactions, mainly project, corporate and asset-based finance (aircraft, vessels and oil rigs), also focusing its activities on corporate law matters, technology, foreign investment in Brazil litigation and arbitration, representation of Brazilian companies with foreign investments, joint ventures, banking companies with interests in Brazil and Brazilian companies with interests abroad.

View more information about Basch & Rameh Advogados Associados

São Paulo
Rua da Consolação 3741, 13th Floor
São Paulo
T: +55 11 3065 4455
F: +55 11 3064 6049


Briefing Signup

Sent approximately once a month, the free GTDT Briefing service alerts you of the latest titles to be published on GTDT Online.

Sign up to be notified of new content


Follow Getting the Deal Through for the latest updates on law and regulation worldwide

Follow us on LinkedIn