UPDATE - Going to court with one of your biggest and high-profile customers doesn’t seem like a clever thing to do. Yet, it’s exactly this step that Airbus is seriously considering in an attempt to solve the ongoing spat with “one of its customers”, Qatar Airways, on the A350 paint quality problems. But most of all: Airbus prepared to go to court to protect A350 reputation. In unusually sharp wording for the airframer, Airbus announced on December 9 it will seek “independent legal assessment” over the much-publicized paint problem on the A350: “In the face of the ongoing mischaracterization of non-structural surface degradation on its fleet of A350 aircraft by one of its customers, it has become necessary for Airbus to seek an independent legal assessment as a way forward to resolve the dispute, which the two parties have been unable to settle during direct and open discussions.” Tensions spiraling upwards The paint issue was first found in late 2020, when a Qatar A350-900 underwent repainting in Ireland. Since the issue was made widely public by Reuters in May, tensions between Airbus and Qatar Airways have been spiraling upwards. On August 5, the airline issued a media statement, saying it was forced to ground thirteen A350-900s because of an accelerated degradation on the fuselage below the paint. CEO Akbar Al Baker said that “Qatar Airways will not accept anything other than aircraft that continue to offer its customers the highest possible standard of safety and the best travel experience that they deserve. Qatar Airways expects Airbus to have established the root cause and permanently corrected the underlying condition to the satisfaction of Qatar Airways and our regulator before we take delivery of any further A350 aircraft.” While AirInsight heard in September from Airbus sources that progress was being made on the issue, two months later there was little evidence for that. At a meeting on November 30 at the Aviation Club UK in London, Al Baker was again most critical of Airbus. He lashed out saying that Airbus had caused “a serious dent” in Qatar’s operations as it is forced to ground thirty A350s now. He also questioned if Airbus was really serious in solving the problem, saying: “They acknowledge that they are working to find a solution, which means they don’t have a solution, and they don’t have a solution because they don’t know why it is happening.” It’s at Board room level to know what exactly has happened since then, but the remarks haven’t landed well in Toulouse. Executive Vice President of programs, Philippe Mhun, twice visited Doha to discuss the issue but was sent home. As today’s statement says: “Airbus is working to re-establish a constructive dialogue with its customer on this matter but is not willing to accept inaccurate statements of this kind to continue.” Qatar plays the safety card What annoys Airbus is that Qatar has been and continues to portray the peeling of paint near titanium rivets and the degradation of the composite surface as a safety issue. In its August release, the airline four times mentioned the word ‘safety’, like “the airline is working with its regulator to ensure the continued safety of all passenger…” In today's statement, Airbus says: “Safety is a top priority. The surface paint-related findings have been thoroughly assessed by Airbus and confirmed by the European Aviation Safety Agency (EASA) as having no airworthiness impact on the A350 fleet.” It continues: “The attempt by this customer to misrepresent this specific topic as an airworthiness issue represents a threat to the international protocols on safety matters.” A spokesperson adds that the problem has been fully understood. The paint peeling has been caused by a range of factors, including the paint itself, the interaction with the fuselage surface, extreme temperature differences when on the ground or at cruise altitude, and sandstorms in Qatar that might explain why the issue has been felt harder by Qatar Airways. The airline has been offered to repaint the affected aircraft. It is then in the statement where Airbus makes is the real point for going to court in the matter: “While Airbus regrets the need to follow such a path, it has become necessary to defend its position and reputation.” In particular, the reputation of the A350, which together with the Boeing 787 is seen as the most efficient airliner in service now and is loved by its passengers. Airbus says: “The A350 is performing well in service with a 99.5 percent operational reliability and has proven to be a symbol of resilience in the COVID-19 crisis. It is enabling major airlines worldwide to restart international operations, reconnecting and uniting nations and continents again, as the world slowly emerges from the pandemic.” While Reuters reported last week that at least five other airlines have experienced paint issues since 2016, none of the airlines has gone public to condemn Airbus as Qatar Airways has done. Air Lease Corporation said in September it hadn’t heard from the issue on its own managed A350 fleet. SAS’ Anko van der Werff said last week that his airline hasn’t suffered from the issue, nor had other A350 operators that he had talked to recently. The last thing Airbus wants is that Qatar Airways, which has 34 -900s and nineteen -1000s in its fleet with another 23 A350-1000s on order, will further tarnish the reputation of the XWB. By seeking an independent legal assessment, it risks the publication of further and inconvenient details. Although from its wording, Airbus seems very confident it will have a strong case. An Airbus spokesperson says that a legal assessment is the last option and there is still some hope both parties will find a solution. So if Qatar Airways has accepted an independent legal assessment isn’t known, nor where and when we can expect the case to be presented.
