Aviation and Transport

  • We have extensive experience advising clients on all areas concerning aviation and transportation law. Our Aviation and Transport Practice Group provides both particular and on-going legal counsel to foreign and national airlines, satellite operators, suppliers of rolling stock and suppliers of international courier and transportation services, regarding all aspects of their business operations, including general corporate work, tenders, negotiating commercial and operational agreements, acting on their acquisition and financing transactions in Israel, advising on regulatory matters and representing clients in court proceedings involving industry-specific disputes and liability claims.

     

    In addition to considerable industry know-how, our legal specialists are affiliated with professional aviation organisations, enabling them to advise clients of the latest developments impacting upon the aerospace sector. Our expertise in the field has been recognized by the legal directories. Legal 500 has ranked us a top tier firm in the field and described our team as being "very impressive, intelligent, and professional".

     

    Our clients are drawn from all spheres of the aviation, aerospace and transport industries and include El Al, Delta Airlines, Ryanair, Flying Cargo, IATA and Space-Communication Ltd.. 

     

    Our team handles a wide range of contentious and non-contentious matters, including the following:

     

    • Airport issues, such as ground handling contracts, airport charges, traffic control, slot allocation, concessions, tickets, waybills and conditions of carriage
    • Route licensing, alliances, competition law and other regulatory matters
    • Air and maritime cargo claims on behalf of claimants, defendants and their insurers
    • General aviation claims, including third party damage, product liability, cargo and baggage claims, passenger claims involving flight schedules, ramp collisions, personal injuries, minor aircraft damage, boarding policy and property loss or damage
    • Acquisitions, disposals and financing of aircrafts and satellites
    • IT contracts, sales agency agreements, maintenance and support agreements, licences and facilities management agreements
    • Successfully defending British Airways in a complex claim filed by the Israeli Travel and Tourism Agents Association and 120 Israeli travel agents concerning British Airways' decision to:

     

    (i) terminate the International Air Transport Association's ("IATA") appointment of the travel agents as British Airways’ agents; and

    (ii) transfer the collection of service fees by the travel agents directly from their customers. The District Court accepted British Airways' position and dismissed the claim (an appeal to the Supreme Court is pending)

     

    • Representing El Al Israel Airlines, in connection with the adoption by the Israeli civil aviation authorities of an “open sky” policy and the opening of the Tel Aviv-New York route to competition
    • Representing British Airways in a class action claim filed with the District Court regarding allegations of an alleged cartel with respect to alleged price rigging of increased prices for extra fuel and security and increased charges for consignments of cargo
    • Representing Delta Airlines in a class action filed with the District Court regarding a flight cancellation charges and the interpretation of the new Israeli Aviation Services Law
    • Representing British Airways in a claim filed against it with the District Court by a travel agent regarding the contractual interpretation of the IATA sales agency agreement, and the provisions which allow for termination of a travel agent’s appointment under the said agreement
    • Representing Sabre Israel Ltd. (a company owned by Sabre Holdings (owners of the largest global distribution system for placing bookings in the air and shipping industries) and EL AL, Israel’s national flag carrier) on the marketing, sales and distribution of tickets for EL AL flights and other carriers to travel agents and to the public
    • Representing Minrav Engineering and Construction Ltd. in its successful bid in the tender to construct a wide range of large-scale infrastructure projects in connection with the expansion of Terminal 3 at Ben Gurion Airport
    • Representing British Airways, Delta Air Lines and other international airlines in licensing and operational matters, regulatory proceedings and in passenger claims made against the airlines
    • Representing F.C. Flying Cargo International Transportation Ltd. (the local FedEx franchisee), for recovery of substantial sums unlawfully collected by the Israel Airports Authority
    • Representing British Airways and Delta Airlines in negotiations and court proceedings against passenger claims involving flight schedules, boarding policies and the loss of, or damage to, property
    • Representing Delta Airlines in a petition filed by residents of the city of Holon against the Minister of Transport concerning limiting hours of flight from the nearby Ben Gurion Airport; Delta joined the proceedings as a party liable to be damaged by the outcome of the petition
    • Representing International Airlines Group (the holding company of British Airways and Iberia) and British Airways in Israel on the regulatory aspects of the acquisition of BMI by Lufthansa.  BMI already has existing flight slots from Israel to the UK and, given BA’s (and Lufthansa's) existing presence in Israel, the acquisition and transfer of these slots was carefully reviewed and scrutinised by the relevant civil aviation and other regulatory authorities
    • Representing IATA (the International Air Transport Association) in proceedings before the Israel Civil Aviation Authority to permit the operation of a centralised settling program for airlines, travel agents and freight haulers ("CASS")
    • Representing Impresa Pizzarotti & C. S.p.A  and Shapir Civil and Marine Engineering Ltd. in connection with the construction of the A-1 high-speed railway from Tel Aviv to Jerusalem, the first high-speed rail link in Israel
    • Chambers Global 2016: ‘uncompromisingly professional’

    • The European Legal 500, 2015 states that the team of "S. Horowitz & Co is always available 24/7 with prompt replies and professional advice and is particularly known for large transport litigation". Department heads Hugh Kowarsky, Alex Hertman and Hagai Doron are "stars"

    • The European Legal 500, 2011 says that the team is "committed to its clients, pleasant and professional" and simply "excellent"