France

1. Is there specific legislation in France ruling the using of documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) executed with the use of digital platforms or any electronic signatures by the local Aviation Authority?

France’s electronic signature legal regime lies within Regulation (EU) No. 910/2014 of July 23, 2014, and articles 1366 et seq. of the French civil code.

There is no specific rule as to the use of electronically executed documents by the Aviation Authority.

The Aviation Authority requires original documents to be provided for the purpose of registrations. Such originals may either be in wet ink or in electronic form (in the sense of electronic signatures with certificates provided by an EU regulation, “Electronic Identification Authentication and Trust Services” (eIDAS)).

2. If your answer to (1) is yes, is there any specific requirement for the validity of such signatures, such as completion with a specific cryptographic platform developed by any local institute of technology?

Although there is no specific rule as to the use of electronically executed documents by the Aviation Authority, it should be noted that such documents are valid if a permissible identification procedure has been used, the signatories are properly identified, and the integrity of the document is guaranteed (articles 1366 and 1367 of the French civil code). The certification of the signatures must be provided by an eIDAS.

3. Does the Aviation Authority in France use an electronic register for Aircraft Documents or Aircraft Lease Documents (including Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs)?

The register maintained by the Aviation Authority is accessible online and shows registrations that have been made in relation to a given aircraft. There is no specific register for Aircraft Documents and Aircraft Lease Documents.

4. If your reply to question 3 is yes, is it possible to upload electronic files for registration, such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs with the Aviation Authority in France?

No. The Aviation Authority requires registration files to be sent to it on paper. For registration of documents that have been electronically executed (such as Leases, Mortgages, Bill of Sale), the electronic original of said documents must be sent to the Aviation Authority by email.

5. Do the courts of France consider valid and enforceable documents executed by the use of some type of digital signature or certification even if not registered (or registrable) with the local Aviation Authority?

Any document executed through an electronic means in relation to an aircraft will be valid and enforceable if it complies with France’s laws on electronic signature, whether or not it is required to be registered with the Aviation Authority. It should be noted, however, that registration of a lease with the Aviation Authority is advised as it shifts the burden of liability in the event of an incident involving the aircraft (the operator becomes solely liable instead of being jointly liable with the owner). In the case of a mortgage, such mortgage should also be registered as it conditions its effectiveness against third parties.

6. Is it possible to upload lawsuits, pleadings, and procedural documents electronically in France?

Yes. Pleadings and procedural documents may be sent to other parties, which are represented by a lawyer and to courts through an online platform for lawyers and courts only.

7. Do the courts of France accept procedural documents executed digitally? Is there any specific certification required? Does France make any distinction between official digital signatures and private digital signatures?

Yes. Documents should comply with France’s laws on electronic signatures. There are no official digital signatures in France.

8. Are there any formal requirements for the validity of documents executed by digital signatures? Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?

Electronically executed documents are valid if a permissible identification procedure has been used, the signatories are properly identified, and the integrity of the document is guaranteed (article 1174 in conjunction with articles 1366, 1367 of the French civil code). Some contracts may require specific wordings to be written by a specific person (for example, suretyship (cautionnement)). Such wording may be included in the contract under electronic form only if the procedure warrants that solely the relevant person could have included it.

Although it is common practice to include wording to that effect, Parties’ express consent to using digital signatures is not required for the validity of contracts.

9. Can foreign entities not located in France execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority in France? Are there any other formalities required?

Yes.

10. Does the Aviation Industry in France usually use digital tools such as blockchain technology for the purpose of control of Aircraft Documents in substitution of printed paper Aircraft Documents?

No.

11. Are there any Notary or Apostille requirements in France? If so, do they apply to electronically executed documents, and how does this affect the possibility of electronic execution and delivery of aviation documents?

There are no apostille requirements in France. Documents may be presented to the Aviation Authority in French or English; documents in another language must be accompanied by a free translation in either French or English. As for French courts, documents must be presented in French or with a certified French translation. It should be noted that the commercial court and the court of appeal of Paris accept documents in English.

a. Has France implemented the e-Apostille program?

No.