Rainer Amann joined Urwantschky Dangel Borst in 2000 and has been a partner since 2006. The firm has specialised in aviation law since 1955. Mr Amann has extensive experience in German and international aviation law. He mainly acts for airlines, aircraft manufacturers, insurers and reinsurers. He has considerable expertise in many extra-judicial and litigation matters on passenger, hull, cargo and baggage claims and subrogation claims for airlines and their insurers.

What inspired you to pursue a career in aviation law?

I always liked to put forward and find arguments to support my client’s position. In aviation law, I enjoy most that I can have my office in my small hometown but still, I can work on international cases. When I started my career, it was most challenging to work in a very international field of law acting on behalf of many high-profile clients and global players. I still enjoy the travelling and meeting with clients all around the world.

What key skills make for an effective aviation lawyer in today’s climate?

In my view, the most important thing is to be good at what you are doing, i.e. being reliable, respectable and sincere. Further, the clients must be able to reach their lawyer whenever it is necessary. Clients expect honest and correct opinions and a clear guidance towards an amicable solution of their problem.

Be open-minded, use networking opportunities and work hard!

What trends have you noticed in the German aviation sector over the past year?

EU Regulation 261 created a lot of (small) claims to be handled by the airlines. Claims companies introduced legal tech in the field of law. The claims companies use the internet to promote their services and many passengers use these services, which is easy and quick.

In order to minimise the amount of court cases, undisputed claims (such as ticket refunds) should be paid as soon as possible. Also airline lawyers should use legal tech, especially to defend small claims (such as those under Regulation (EC) 261/2004). The lawyers should teach their clients (e.g. by offering seminars etc.) how to deal with claims at the out-of-court stage in order to avoid unnecessary and expensive litigation.

What are the most common causes of disputes among aviation clients?

The most common causes of disputes are claims under EU Regulation 261. During the pandemic, many claims for ticket refund were put forward.

How has EU Regulation 261 held up in a sector severely impacted by the coronavirus pandemic?

Many passengers brought legal action claiming the refund of the ticket price based on EU Regulation 261 in which it is ruled that tickets have to be refunded within 7 days. Given the very high number of cancelled flights (due to the pandemic), it was impossible to refund millions of tickets within such a short period of time. Also, many airlines refunded the ticket price to a travel agency used for the booking, which caused further delays in refunding vis-à-vis the passengers.

How has airline liability work changed in the last few years?

When I began practising in aviation law in 2000, the instructions mostly came in by post or fax. Nowadays, most of the correspondence is made by e-mail, which expedites matters extremely. Back in 2000, there were only a few law firms worldwide that were instructed by the insurers of the airlines. These lawyers then instructed correspondent lawyers in the country where assistance was needed. With the pressure of increasing costs, the airlines and the insurers started to instruct lawyers in the relevant country directly.

Also, the role of the EU and various EU Regulations had a strong impact on aviation law (e.g. Regulation (EC) 261/2004 or the GDPR).

How can clients ensure they are prepared to meet the high levels of expectations from regulators concerning operational resilience and robust compliance programmes among aviation firms?

The clients have to be up-to-date with a view to new legislation/regulation. The lawyers should inform and teach their clients (e.g. by offering seminars) how to deal with these issues in order to avoid unnecessary fines and expensive litigation.

You have enjoyed a very distinguished career so far. What would you like to achieve that you have not yet accomplished?

I would like to teach young lawyers how to start and pursue a career in aviation law so that the firm can successfully continue its long-lasting position in the aviation market.