In connection with the leasing of an Airbus A380-800 aircraft, Air France was sued by the German leasing company DS-Rendite-Fonds NR. 136 Flugzeugfonds XI GmbH & Co. KG. The lecturer based in Dortmund is suing for around 34,9 million US dollars in London.
According to CH-Aviation.com, the brief was submitted in December 2020. Specifically, the issue is that Air France has not returned an Airbus A380-800 in the contractually agreed condition. Also, the affected machine should not have been handed over in August 2020, which is why the Lessor sent an invoice for eleven million US dollars to Air France. This was challenged by the French airline. Meanwhile, a further $ 21,4 million has been incurred, which the Dortmund-based lessor DS is now asserting in court.
The owner of the Airbus A380 has further allegations: Air France failed to carry out a series of maintenance inspections on the parts during the lease, which affected the airworthiness of the aircraft and its overall value. We also want to have this loss of value compensated for. In view of the fact that there is a high probability that no new lessee can be found, it will probably be the only way - apart from the breakdown - to still be able to generate income.
Air France argues that there is no new lessee
Air France denied the allegations and argued in court that they had not acted with negative intent under any circumstances, but due to the general circumstances it was only possible to hand over the aircraft in December 2020. Furthermore, the Lessor is accused of greed for profit, since there is no new lessor for the aircraft anyway.
The place of jurisdiction in London results from the fact that it was stated in the contract that in the event of disputes the relevant court in London is deemed to have been agreed. British law is often chosen in aviation. A first hearing took place in the High Court on February 19, 2021, but a decision is still pending.
According to CH-Aviation.com, DS Aviation owns a total of nine aircraft, of which four Airbus A380-800s are shipped to Air France. All of them have been shut down for a long time because the French carrier moved out of the Operation of the superjumbos will withdraw. It is not known exactly which of the four machines is being disputed. Due to the legal dispute, both sides did not want to comment on the mutual allegations.