LODGED BY THE TOGOLESE REPUBLIC UNDER THE CAPE TOWN CONVENTION
on 26 September 2011 *
On 26 September 2011, the Republic of Togo notified UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of the following subsequent declarations. In accordance with Article 57(2) of the Convention, these subsequent declarations took effect on 1 April 2012.
1 – Declaration pursuant to Article 39(1)(a)
The Togolese Republic declares that the following categories of non-consensual rights or interests:
a) wage claims on behalf of employees of airline companies arising from a contract of employment;
b) tax charges or other fees payable in relation to the operation of the aircraft, or in relation to its detention arising from a failure of the operator or owner in accordance with the provisions of a contract for the financing or leasing of the aircraft;
c) liens in favour of repairers of an aircraft in their possession to the extent of amounts due for their services;
Have priority under its laws regarding interests in an aircraft object over the interests of a holder of an international interest and have priority over a registered international interest, whether in or outside of insolvency proceedings.
2 – Declaration pursuant to Article 39(1)(b)
The Togolese Republic declares that nothing in the Convention shall affect its right or that of any entity of the State, nor that of any intergovernmental organisation or other private provider of public services to arrest or detain an aircraft under laws in force in its territory for the payment of amounts that are owed to such an entity, organisation or provider and which are directly related to services provided by it in respect of that aircraft or any other.
The Togolese Republic declares that the following non-consensual rights or interests:
a) rights arising from the seizure of the aircraft in partial or complete satisfaction of a court order;
b) liens or other rights of a State entity relating to taxes or other unpaid charges (which are not subject to the declaration made under Article 39(1)(a) of the Convention); and,
c) any other category of non-consensual rights or interests that are not subject to the declaration made under Article 39(1)(a) of the Convention and which are capable of being registered in the International Registry as if they were an international interest and capable of being treated as such;
Shall be registrable under the Convention in respect of any category of aircraft object as if the right or interest was an international interest and shall be regulated accordingly.
Declaration pursuant to Article 53
The Togolese Republic declares that the Togolese courts are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.
The Togolese Republic declares that the remedies available to the creditor under the Convention may be exercised without leave of the court except for the remedies which are expressed under the Convention to require application to the court.
* The original version of these subsequent declarations was submitted in French. This official version of the subsequent declarations is a translation prepared by the UNIDROIT Secretariat.