Fibula Air Travel SRL v Just Us Air SRL

Fibula Air Travel SRL v Just Us Air SRL

The Lease came into force on execution; the audit conducted on 26-27 February 2020 was 'successful' for the purposes of the payment clause; Fibula's obligation to pay the Due Payment accrued on 27 February 2020; regulatory approvals from Turkish DGCA and Maltese CAA were conditions precedent to performance of flights but not to the Lease's validity; responsibility for obtaining DGCA approval rested with Corendon Turkey, not Just Us; Just Us's failure to provide the Romanian CAA letter did not make obtaining approvals impossible; Fibula is not estopped from running its defences, but those defences fail on the facts and construction of the Lease; Just Us is entitled to payment of all...

Parties
Defendant to Counterclaim: Fibula Air Travel SRL; Claimant to Counterclaim: Just Us Air SRL
Jurisdiction
England and Wales
Judgment Date
12 December 2025
Procedural Posture
Commercial Lease Dispute / Final Judgment After Trial
Outcome
Judgment for Just Us Air SRL on the counterclaim; Fibula Air Travel SRL's defences dismissed.
Legal Topics
Condition Precedent, Force Majeure, Estoppel, Regulatory Approvals, Lease Payment Obligations
Contract Law Aviation Law Condition Precedent Force Majeure Estoppel Regulatory Approvals Lease Payment Obligations

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Parties

Fibula Air Travel SRL

Defendant to Counterclaim

Just Us Air SRL

Claimant to Counterclaim

Procedural Posture

Commercial Lease Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Construction of 'Lessee' definition
  2. 2 Meaning of 'pre agreed successful audit'
  3. 3 Interpretation of Approvals Clause

Ratio Decidendi

The Lease came into force on execution; the audit conducted on 26-27 February 2020 was 'successful' for the purposes of the payment clause; Fibula's obligation to pay the Due Payment accrued on 27 February 2020; regulatory approvals from Turkish DGCA and Maltese CAA were conditions precedent to performance of flights but not to the Lease's validity; responsibility for obtaining DGCA approval rested with Corendon Turkey, not Just Us; Just Us's failure to provide the Romanian CAA letter did not make obtaining approvals impossible; Fibula is not estopped from running its defences, but those defences fail on the facts and construction of the Lease; Just Us is entitled to payment of all...

Court Disposition

Judgment for Just Us Air SRL on the counterclaim; Fibula Air Travel SRL's defences dismissed.

Orders

  • Fibula Air Travel SRL to pay Just Us Air SRL €4,590,000 plus interest on each tranche from due date.
  • Parties to agree interest calculation or return for further hearing.