Aircraft Maintenance: Commercial Court ruling on ETOPS compliance

Sabena Technics SA v Singapore Airlines Limited, 11 June 2003, Commercial Court

A recent unreported Commercial Court decision has illustrated difficulties which may arise on the drafting and assignment of a "power by the hour" engine maintenance agreement.

The matter involved a maintenance contract, originally conducted by Singapore Airlines Limited ("SIA") for a number of A310 aircraft being taken into the Middle East Airlines’ ("MEA") fleet. The agreement required compliance with ETOPS requirements which included the configuration of twinengined aircraft operating more than 60 minutes from the nearest airfield. The key factor in this case was that the maintenance rate was fixed, such that the MRO bore the costs of modifications necessary for ETOPS compliance.