Partner Paris
"There is no registration fee for filing a lease agreement or mortgage with the DGAC."
French aviation authority
1. Which authority regulates aviation in France?
The registre français d’immatriculation des aéronefs, maintained by the French Civil Aviation Authority (Direction Générale de l’Aviation Civile, the “DGAC”), records title in relation to French registered aircraft, as well as aircraft mortgages and lease agreements.
2. What are the fees for registering an aircraft in France?
Fees are nominal. There is a DGAC registration fee of €91 for the first registration of an aircraft in France (i.e. new aircraft or an aircraft previously registered abroad). There is no registration fee for filing a lease agreement or mortgage with the DGAC.
There is a €6 fee for obtaining a registry extract.
3. Are there any restrictions on the legal status or nationality of parties seeking to register an aircraft in France?
Aircraft can be registered in France if they are: (i) owned by EU or EEA citizens or legal entities; or (ii) operated by an airline whose operating license (licence d’exploitation) and air transport certificate (certificat de transport aérien) have been granted by the French authorities (but not another European aviation authority). The latest list of operating license holders in France can be found here).
As required by Regulation (EC) No 1008/2008, any French or EU airline must be majority-owned and effectively controlled by an EU member state and/or national(s) of member states at all times.
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"France is a party to and has ratified the 1944 Chicago Convention and the 1948 Geneva Convention on the International Recognition of Rights in Aircraft."
4. Who is responsible for registering an aircraft in France?
The DGAC is an owner (or title) registry – an owner is responsible for registering aircraft and the lease i.e. registration will be made at the request of the owner, not the operator/lessee.
It should be noted that although an ‘F-W’ registration mark – often used by manufacturers – is thought to be a ‘temporary’ registration mark, there is no such thing as a ‘temporary’ aircraft registration in France, with all registrations occurring on a ‘permanent’ basis (though an aircraft can be deregistered at any time at the owner’s request).
Our experts in Paris have experience arranging relevant filings – aircraft registration, lease and/or sublease or mortgage – with the DGAC on behalf of owners and mortgagees under a power of attorney.
5. How is deregistration effected in France?
Just like aircraft registration in France, the deregistration of an aircraft can only be made by or on the behalf of the registered owner, (with the consent of any registered mortgagee to release its registered mortgage, if applicable). Deregistration cannot be blocked by the lessee and no power of attorney is required from the lessee. However, cooperation from the lessee is, to a certain extent, required, as aircraft’s original certificate of registration (certificat d’immatriculation) – which is carried onboard the aircraft – must be returned to the DGAC (noting that in theory the restitution should be immediate). If the deregistration involves a lessor repossessing the aircraft, it is expected that the lessor will be able to recover the original certificate of registration.
It will not be possible to file any Deregistration Power of Attorney (or IDERA, see below) with the DGAC but such document can be put in place and provided for information. In any event, the DGAC may require a fresh set of powers of attorney at the time of deregistration.
6. Which aviation-related conventions has France ratified and brought into force?
France is a party to and has ratified the 1944 Chicago Convention and the 1948 Geneva Convention on the International Recognition of Rights in Aircraft. It has also signed the 2001 Cape Town Convention and the Aircraft Equipment Protocol but has neither ratified either of them nor expressed an intention to do so, unlike the EU which has ratified the Convention.
"French law would not treat an engine owned by a third party as subject to the same ownership as the aircraft itself."
Mortgage registration and enforcement
7. Would a mortgage governed by a foreign law be recognised in France?
No. France has signed but not ratified the Cape Town Convention. In accordance with the Geneva Convention on International Recognition of Rights in Aircraft of 19 June 1948, to which France is party, only French law aircraft mortgages (hypothèques aériennes) can be registered with the DGAC and enforced in France. Registering a mortgage with the DGAC is made at the mortgagee’s request and will ensure its enforceability against third parties for 10 years (subject to renewal). See below re priority liens.
8. Does a registered mortgage extend to engines and other removable aircraft equipment?
Yes. A mortgage registration extends to the whole aircraft, including the engines and parts if they are also owned by the owner. In case of total loss of aircraft, the mortgagee is by law subrogated in the rights to the insurance proceeds.
French law would not treat an engine owned by a third party as subject to the same ownership as the aircraft itself. It will therefore be possible to grant separate security over an engine. Where such an engine is subject to a separate lease to a French lessee, it would also be prudent to record the lease with the Greffe (registry or clerk’s office) of the commercial court of the jurisdiction of the lessee.
9. Do certain rights have priority over those of the mortgagee?
Yes. Article L. 6122-16 of the French Code des transports provides that the following claims are preferred to aircraft mortgages:
(i) court fees incurred in the sale of the aircraft and the distribution of the proceeds of such sale;
(ii) expenses incurred in the repossession and salvaging of the aircraft; and
(iii) expenses incurred in the storage and maintenance of the aircraft.
Pursuant to article L. 6122-12 of the French Code des transports, the registration of an aircraft mortgage secures the principal of the claims of the mortgagees against the mortgagor and three years of interest in addition to the then current year in which the mortgage is granted.
10. What is the procedure for a lender (as mortgagee) to enforce a mortgage over the aircraft in France? Can the lender enforce the mortgage by taking physical possession of the aircraft?
It is important to note that French law, like many civil law jurisdictions, does not recognise ‘self-help’ remedies over aircraft and enforcement of a mortgage can only take place via a judicial sale of the aircraft. The enforcement of a mortgage over an aircraft starts with the arrest of the aircraft (by way of attachment order (saisie conservatoire) or enforcement order (saisie execution), leading up to the sale of the aircraft through a court-supervised process.
"Where a lease is so registered, the owner will only be liable if the third party to whom the damage is caused can prove actual fault on the part of the owner."
Lease registration and enforcement
11. Is registration of lease agreements with the DGAC mandatory under French law?
No, it is not strictly mandatory. However, it is highly recommended to register leases with the DGAC, otherwise the owner and the lessee/operator of the aircraft will be deemed jointly and severally liable for any damage caused by the aircraft. Where a lease is so registered, the owner will only be liable if the third party to whom the damage is caused can prove actual fault on the part of the owner. Such registration will be valid for the (initial) duration of the lease.
Sub-leases can also be registered with the DGAC although they will not expressly appear on the registry extract (only the head lessor (as owner) and the operator (as sublessee) will be mentioned). The DGAC will require a signed summary of lease agreements for such purposes.
12. How can lessors further strengthen their rights in respect of a lease agreement toward third parties?
Operating lessors can – and finance lessors must – also publish leases involving French lessees with the Greffe of the commercial court where such lessees have their registered office. It will give them the right (other than in an insolvency situation) to apply for the aircraft subject to the published lease to be returned to it by a relatively simple action en restitution before the French courts. The lease registration with the Greffe must be renewed every five years.
13. In the event of default or any termination of the leasing of the aircraft under the lease, can the owner enforce the lease by taking physical possession of the aircraft?
No. Generally, the French courts are averse to ‘self-help’ repossession of assets (i.e. repossession by taking physical possession)In a repossession scenario, and subject to the rights of lien holders, the lessor should apply for the aircraft to be returned by following certain proceedings before the French courts – action en restitution or action en revendication.
"...in the event of non-payment of any post-insolvency rental, the lessor will be entitled to terminate the lease immediately and repossess the aircraft."
Other keys points for lessors and financiers
14. Does a lessor or mortgagee have to have a place of business or be domiciled in France to enforce any provisions of the lease or mortgage in France?
There aren’t any specific domiciliation requirements to enforce provisions of a lease agreement. However, aircraft mortgages must contain an élection de domicile clause whereby the mortgagee appoints, for the sole purpose of registration of the mortgage, a territorially competent commissaire de justice (bailiff) who will be the primary point of contact with the DGAC and the French courts in the event of enforcement of the mortgage. Our lawyers in Paris have extensive expertise in arranging appointments with these bailiffs.
15. What are the lessor’s rights if the French lessee becomes insolvent?
The lease is an on-going contract (contrat en cours) and can therefore either be continued or terminated by the judicial administrator appointed by the court. In a nutshell, if the judicial administrator decides to continue the terms of the lease, payment of rentals due prior to the opening of the insolvency proceedings will be suspended. Rentals due and payable following the opening of the insolvency proceedings must be paid when due and the lessee will be able to use the aircraft until the lease termination date.
Of course, in the event of non-payment of any post-insolvency rental, the lessor will be entitled to terminate the lease immediately and repossess the aircraft. Any sum due pursuant to the termination of an on-going contract during insolvency proceedings will be filed as a claim as part of the insolvency proceedings of the debtor during the month following the termination of the on-going contract.
16. Can a French court can sell, transfer or otherwise dispose of the aircraft without the consent and authorisation of the owner or the mortgagee?
No. There are no circumstances under which, in the context of insolvency proceedings against a French lessee, a French court could order the sale of an aircraft owned by a third party (i.e. the lessor/financier).
The release of any mortgage will require the mortgagee’s consent.
"EU ReFuelEU Aviation regulation, adopted in 2023 and which became fully effective in 2025, introduced EU wide binding SAF mandates."
17. Are there any banking rules restrictions regarding finance lease transactions?
Yes. Under French law, finance lease transactions (i.e. a lease with a purchase option) taking place in France with a French counterparty are considered credit operations (opérations de crédit). Such operations should be treated with great caution as they may but not necessarily fall within the scope of the so-called ‘banking monopoly’ rules of the French Code monétaire et financier (monetary and financial code) which prohibits the ‘habitual’ exercise of such credit operation by any person other than authorised credit institutions. Authorised credit institutions are those holding a license in France or an EU institution holding a ‘passport’ for activities in France. Both criminal and civil sanctions may apply for a breach by an unauthorised finance lessor.
18. Is it a legal requirement to insure an aircraft domestically in France?
No, it is not. However, insurance, wherever placed, must meet the requirements set forth by European Regulation (EC) No 785/2004 of 21 April 2004, as amended by European Regulation (EC) No 285/2010 of 6 April 2010.
Green initiatives in France impacting the aviation sector
19. Is there a ban on short-haul internal flights?
In June 2023, France enacted a new law to ban certain short-haul internal flights where train alternatives exist, in a bid to reduce carbon emissions, pursuant to the projet de loi climat. The law is narrower than initially anticipated as it only applies to three routes: Paris Orly–Bordeaux, Paris Orly–Nantes, Paris Orly–Lyon.
20. Sustainable aviation fuels (“SAF”): what are the next steps?
EU ReFuelEU Aviation regulation, adopted in 2023 and which became fully effective in 2025, introduced EU wide binding SAF mandates. The regulation sets reporting requirements as well as an objective of minimal SAF for aviation fuels: (2% (2025); 6% (2030); 20% (2035); scaling to 70% (2050). A specific tax – TIRUERT – an incentive tax for incorporating renewable energies in the transport sector incorporation of renewable energies in the transport sector, applies to the aviation sector.
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