Bulletin on CTC Enforcement
(i) In one instance, remedy under Article 10 (1) (a) of the Convention, enabling the right holder to request the enforcement of its preferred right without further submitting a court order have been tested.
The order was granted by the Bailiff for lessee to return possession of the aircraft and without leave of court, but despite the Article of the Law, lessee’s oppositions were taken into consideration by the Bailiff Court blocking the completion of the process for the time being. Despite certain delays, ultimately, the Bailiff Court has issued the judgment in the favor of lessor.
(ii) With respect to enforcement of remedies under Article 13, for several occurrences, we applied to Commercial Court of First Instance with an injunction request for a speedy relief in accordance with Article 13 of Cape Town Convention.
We have requested the possession, control and custody of the aircraft together with its all integral parts, engines and maintenance records. The court(s) has fixed hearings and eventually issued the order in without asking the applicant to provide a counter security. The issuance of the court judgements in favour of lessor have required hearings to be held with the attendance of the lessee. The length of such hearings has, in some instances, been more than 10 days; The judgement was issued similar to a precautionary measure for lessor taken the possession and control of the aircraft, but still making the completion subject to the issuance of the final judgement by the competent court.
(iii) It was experienced in several instances that upon application the IDERA enforcement have worked rather well. We have made the filings for enforcement of IDERA on behalf of the authorized party(s). The CAA has issued deregistration letters within four or five business days without any specific problem.
Dikici Law Office