Insights

Following the statements made public by the Tunisian and foreign media regarding the unsuccessful attempts to seize Condor planes at Djerba airport and in response to the various allegations relating to the non-execution of court decisions rendered in Tunisia against Thomas Cook and Condor, the Boussayène – Knani & Associés law firm would like to provide the following clarifications:

1) The Airbus A-321-211 plane on which the creditor company attempted to seize on October 11, 2019, does not belong to either Thomas Cook or Condor. According to its registration certificate, proof of its ownership, it belongs to the leasing company called NENE AVIATION LEASING LIMITED, with its headquarters in Ireland. This company, which has legal personality, is a legal entity independent of the Thomas Cook company (debtor company). It is thus established that the seizure could not be validly executed against the owner of the aircraft, as a third party.

2) The Condor company itself is a third party in relation to the contract linking the hotelier author of the seizure, to Thomas Cook as debtor of this hotelier.

3) The seizure attempts which had the effect of forcing a NENE AVIATION LEASING LIMITED plane to turn around, half an hour before landing in Tunisia, in order to avoid illegal immobilization on Tunisian territory, harmed not only foreign tourists who were victims of the disruption caused by illegal seizure attempts, but also the reputation of Tunisia as a tourist destination and as a rule of law in which court decisions are not enforced against a third party.

4) The companies against whom the illegal seizures have been attempted reserve the right to subject those who initiated the procedures which are highly detrimental to their interests to all damages resulting from these actions.