Aircraft not accepted: AerCap loses lawsuit against Laudamotion

Airbus A320 tail fin (Photo: Jan Gruber).
Airbus A320 tail fin (Photo: Jan Gruber).

Aircraft not accepted: AerCap loses lawsuit against Laudamotion

Airbus A320 tail fin (Photo: Jan Gruber).
Advertising

The Dublin-based lessor AerCap has suffered a legal defeat against Ryanair and the Austrian subsidiary Laudamotion before the London High Court. It was about four Airbus A320s that had not been accepted due to the corona pandemic in 2020.

A sum of around 7,4 million euros was disputed. AerCap believed the money would be due in compensation for lost lease income and other expenses. However, the High Court rejected this. However, claims made by Ryanair and Laudamotion in the course of the proceedings were also rejected.

In the meantime, the Austrian Laudamotion is no longer active as an airline. AOC and operating license were returned at the end of 2020. Under the name of Lauda Europe, a newly created Ryanair subsidiary based in Pieta, Maltese, is active. This took over the leasing fleet, which was previously registered on the Laudamotion AOC, and entered it in Malta.

The four Airbus A320s that were heard in court in London should be handed over to Laudamotion in 2020. The contracts would have had a term of 60 months and were signed in July 2019 by the Laudamotion management. Ryanair was involved in this procedure because it acted as a financial guarantor. The A320, serial number 3361, was due to be handed over to the then Austrian carrier in May 2020, but acceptance was not completed, as was the case for the other three examples scheduled for June 2020.

Even before these disputed contracts, Laudamotion was a customer of AerCap. Here, too, Ryanair acted as guarantor for the financial obligations. Shortly after the outbreak of the corona pandemic, most European airlines had to shut down large parts of their fleets. The Irish low coster and its Austrian subsidiary were also affected. In April 2020, it was decided that the four Airbus A320s affected should not be flown into the fleet, as there would have been no employment for them. The CFO at the time informed AerCap in writing.

Among other things, he wrote that Laudamotion is unable to take over the four Airbus A320s due to the effects of the corona pandemic on the aviation industry. Among other things: "As Lauda has been under a total flight ban since March 17 last year and will be forced to significantly scale back its operations (and future growth plans) as a direct response to the Covid-19 crisis, it is clear that Lauda cannot accept delivery of these aircraft and so you are now free to market these aircraft elsewhere". Many arguments put forward by both parties in court have been rejected by the court. However, a decision was then made in favor of Ryanair and Laudamotion.

"I have come to the conclusion that Laudamotion was not wrong in not accepting MSN 3361, that no events of default occurred and that the plaintiffs did not have the right to terminate the leases for any of the aircraft," the judge ruled. "Consequently, the plaintiffs' claims must be dismissed."

The Airbus A320 with the serial number 3361 has meanwhile found a new home. He has been flying for Smartlynx Malta since around June 2021. The aircraft was used by Air Peace, Air France and Tui Airways in a wet lease, among others.

Leave a Comment

Your e-mail address will not be published. Required fields are marked with * marked

This website uses Akismet to reduce spam. Learn more about how your comment data is processed.

Editor of this article:

[ssba buttons]

Nobody likes paywalls
- not even Aviation.Direct!

Information should be free for everyone, but good journalism costs a lot of money.

If you enjoyed this article, you can check Aviation.Direct voluntary for a cup of coffee Coffee trail (for them it's free to use).

In doing so, you support the journalistic work of our independent specialist portal for aviation, travel and tourism with a focus on the DA-CH region voluntarily without a paywall requirement.

If you did not like the article, we look forward to your constructive criticism and / or your suggestions for improvement, either directly to the editor or to the team at with this link or alternatively via the comments.

Your
Aviation.Direct team
paywalls
nobody likes!

About the editor

[ssba buttons]

Nobody likes paywalls
- not even Aviation.Direct!

Information should be free for everyone, but good journalism costs a lot of money.

If you enjoyed this article, you can check Aviation.Direct voluntary for a cup of coffee Coffee trail (for them it's free to use).

In doing so, you support the journalistic work of our independent specialist portal for aviation, travel and tourism with a focus on the DA-CH region voluntarily without a paywall requirement.

If you did not like the article, we look forward to your constructive criticism and / or your suggestions for improvement, either directly to the editor or to the team at with this link or alternatively via the comments.

Your
Aviation.Direct team
paywalls
nobody likes!

Leave a Comment

Your e-mail address will not be published. Required fields are marked with * marked

This website uses Akismet to reduce spam. Learn more about how your comment data is processed.

Advertising