EU adviser says civilian design is no passport for aircraft exports

An adviser to the EU's top court said Thursday that civilian aircraft can be restricted as military exports if they can train military pilots, even when the training matches ordinary civilian instruction.

The opinion arose from an Austrian manufacturer's fight to resume exporting training aircraft to Myanmar's air force after Austria banned further shipments in 2021, citing training use, possible reconnaissance applications and the risk of supplying a military accused of systematic human rights violations.

Advocate General Tamara Ćapeta said what matters is what the equipment can physically do, including its potential for conversion, not proof that it would substantially strengthen an armed force; but she said authorities must still explain the specific security or human rights risk behind any restriction, giving courts something to check.

The manufacturer had already delivered three aircraft, a simulator and some technology before Myanmar's 2021 coup; the UN human rights office reported at least 982 civilian deaths from airstrikes there in 2025, including 232 children, the highest verified annual toll since the coup.

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