Two Irish aircraft leasing companies had their requests for the revocation of warrants of arrest for two aeroplanes issued at the request of Aeroporto Catania Spa dismissed by the civil court.

The arrested aircraft were formerly operated by Wind Jet Spa.

Eden Irish Aircraft Leasing MSN 204 Ltd and ALS Irish Aircraft Leasing MSN 215 Ltd told the court in separate decrees that they owned the two planes and that they had leased them to Wind Jet.

Aeroporto Catania Spa had arrested the planes in Malta on the basis that the Italian company was owed over €2.3 million for services rendered to Wind Jet including landing fees and charges for the use of the airport.

They claimed that they were being prejudiced by the arrest warrants for they were being deprived of their property. They added that Aeroporto Catania Spa was supposed to minimise the damages they could suffer and that the warrants were in violation of the Cape Town Convention on the registration of aeroplanes.

Mr Justice Raymond C Pace heard that last August Aeroporto Catania spa had obtained the arrest warrants while the planes were in Malta.

The Irish companies had leased the planes to Wind Jet and had been about to start repossession proceedings against this latter company on the basis that the rent for the planes had not been paid.

The companies added that they had not been party to the litigation filed by Aeroporto Catania against Wind Jet in Sicily and could not verify whether the Italian company's claims were justified.

But Mr Justice Pace dismissed the applications filed by the Irish companies and found that the arrest warrants had been validly issued in terms of law.

It resulted, on a prima facie basis, that Aeroporto Catania had a substantial claim against Wind Jet and that it was pursuing its claims. 

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