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EAL (Delaware) Corp., Electra Aviation Inc. et al. v. European Organization for the Safety of Air Navigation and English Civil Aviation Authority
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Jurisdictional immunity — Agency or instrumentality of foreign State — Whether an entity created by treaty and jointly owned by sovereign States constitutes an agency or instrumentality of a foreign State — Foreign Sovereign Immunities Act 1976 — European Organization for the Safety of Air Navigation (“Eurocontrol”) — Proceedings by owner for recovery of aircraft seized by Eurocontrol because of failure of operator to pay air navigation service fees — Subject-matter jurisdiction — Whether imposition of charges and seizure of aircraft constitute commercial activities — Whether having direct effect in United States — Personal jurisdiction — Whether constitutional “minimum contacts” requirement applies in respect of foreign sovereign defendants — Whether orders of United States Bankruptcy Court and automatic stay under Chapter 11 of the United States Bankruptcy Code binding upon foreign sovereign entity — The law of the United States
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- © Cambridge University Press 1997