Peskova v. Travel Service AS | Ireland

PNC Equipment Finance LLC v. Aviareto Ltd and Link Aviation LLC

Facts

The Defendant US corporation had registered a non-consensual interest in relation to a US registered aircraft that was owned by another US corporation. As the US had not made a declaration pursuant to Article 40 of the Capetown Convention (“the Convention”), a Court in Minnesota had declared that the registration was invalid and ordered the Defendant to discharge the invalid registration. Following the failure of the Defendant to comply with the Order made by the Minnesota Court, the Applicant sought an Order of the Irish High Court for the discharge of the registration pursuant to Article 44(1) of the Convention (which empowers the Court to make orders against the Registrar). The Defendant did not oppose the application.

Ruling

The Court ordered the Defendant (being a party which, pursuant to Article 44(3), had failed to comply with an order of the Minnesota Court which court was a “court with jurisdiction under the Convention”) to procure the discharge of the registration of the invalid non-consensual interest, failing which, the Registrar was ordered to discharge the registration. The costs of the case were awarded against the Defendant. The Court did not specifically address the question as to what constitutes “a court having jurisdiction under this Convention” adverted to in Article 44(3) but nonetheless assumed that the Minnesota Court had the requisite jurisdiction to take seisin of a case under the Convention.

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