ei146 wrote:Phosphorus wrote:...
What you describe I know as "Nötigung" (coercion). Under German law (and probably many others) this is a crime. Just imagine your neighbour wants his broken window paid, that your kids broke playing ball. Now to make you pay faster he blocks your garage with his own car.
The only way the aiports can legally block an aircraft is if they have some legal paperwork themselfs.
Things become interesting if there are contradicting documents from both sides...
Possibly. But aviation is not necessarily always subject to local laws first. I wouldn't be surprised if treaties take precedence. Plus high-security nature of airport premises make the practical part difficult too, not just the legal constructs.
And yes, I really wonder how exactly would you prove "Nötigung", when airport authority parks their snowplow on their property. And who would be investigating, if you try to press the charges? You wouldn't expect regular police showing up at the airport, would you? Not that they would be allowed on property, without full cavity search, if the airport would want to be really anal (pun intended) about this. But what would be the findings? That disputed property is on airport-owned parking lot, and it's not the only vehicle parked there? And yeah, they would have to learn airport operating manuals, to find if any rules are being broken. (And if an airport issues a rule modification, to make sure the situation on the ground is compliant with regulations -- what will you do? Press charges for conspiracy?)
And if the investigation is in the hands of airport security -- these folks have full understanding of legal and financial implications of "the ship has sailed" doctrine -- once it's gone, you can kiss the debts goodbye. I don't think they would do silly things like release the delinquent airframe simply because aesthetics of an airplane, surrounded by snowplows, are not entirely to the liking of salivating repossession crew.