Precautionary seizure of aircraft

Preventive seizure of aircraft

We have seen in a previous article the interest that a seizure of aircraft may have when the creditor is the beneficiary of an enforceable title (judgment, etc.). However, the seizure of an aircraft, a helicopter, or even an ultralight... in short, the precautionary seizure of aircraft is a little-known and extremely effective procedure. Small point on the procedure of precautionary seizure of aircraft.

Our firm specializes in technical procedures such as trademark seizures, liquor store license seizures, taxi license seizures, share seizures... but also aircraft seizures.

We can carry out any seizure within the scope of our competence, but we can also provide you with our expertise to prepare the case and ensure that the seizure is carried out in compliance with the sometimes complex provisions of the law. Thanks to our mastery of the subject, and our network of competent colleagues throughout France, our firm is your ally in the implementation of this procedure.

This is how we have brought our expertise and experience to aircraft seizures in small and large airports, in the provinces or in the Paris region.

What is an aircraft?

As we have seen, an aircraft is a plane, a helicopter, but also, a microlight, a two-seater paraglider (for more information, click here).

Conditions for the preventive seizure of an aircraft :

According to the provisions of the Code of Civil Enforcement Procedures, protective seizures are possible in two cases:
1- With the authorization of the judge
2- Without the judge's authorization

Within the framework of a judicial authorisation, without going into detail, let us say that any creditor who can prove that his claim is well-founded in principle, that it is urgent and that there are circumstances likely to threaten its recovery, may apply to the court, by order, for authorisation to carry out a protective attachment.
However, the legislator has provided for a number of cases in which judicial authorization is not necessary, such as when the claim arises from unpaid rent under a written lease of immovable property

There are other cases, but that is not the issue, as you will see.
Indeed, the civil aviation code requires a court order to seize an aircraft. It is therefore not the ordinary law which is intended to apply for a precautionary seizure of aircraft but a special procedure which reconciles the requirements of the civil enforcement procedures and those of the Civil Aviation Code but also of the Transport Code.

This is far from being the only difference between the "classic" precautionary seizure and the precautionary seizure of aircraft. Thus, the judge competent to order the seizure (Enforcement Judge or President of the Commercial Court) is relieved of his jurisdiction to the exclusive benefit of the enforcement judge in Paris when the aircraft on which the seizure is planned belongs, for example, to a foreign State.

Another peculiarity: the provisions of the transport code prohibit the precautionary seizure of an aircraft assigned to a state service or public transport.
Indeed, there are certain limitations on the seizure of aircraft on a precautionary basis, notably due to the provisions of the Chicago Convention of 7 December 1944 and the Geneva Convention of 19 June 1948.

The French judge has jurisdiction when the seized aircraft is on French territory (R123-9 of the Civil Aviation Code) but there is a case where the French judge also has jurisdiction even though the aircraft is outside national territory ; this is the case of the aircraft which landed at the Franco-German-Swiss airport of Basel Mulhouse Freiburg.

From a practical point of view, it is extremely important to be very precise in drafting the application and the order proposed to the magistrate, particularly with regard to the fate of the logbook (the flight log), an essential part of the flight, but also the possibility of immobilisation, etc...

The seizure of aircraft is a particularly specific procedure, requiring a perfect mastery of the subject. For example, it should be noted that the seized debtor has the possibility, once the seizure has been effected, of depositing the sum for which the seizure was authorised in the hands of the Caisse de Dépôts et Consignation, and obtaining, de facto, the release of the seizure. This is an unprecedented provision in terms of precautionary seizure...

Do not hesitate to contact us for advice; Our study acts directly on all Parisian airports (Roissy, Orly, Le Bourget) and on all aerodromes in the Ile de France region, but above all, we can provide you with our expertise in this area, for the preparation of a seizure and we frequently prepare seizures throughout the territory, and assist our colleagues during seizure operations.

Indeed, the procedure is complex.