EU legal opinion says civilian aircraft can be military ‘dual-use’ items in Myanmar case

By Admin 26 Sep 2026

DMG Newsroom

26 September 2026, Yangon

A senior legal adviser to the European Union’s highest court has concluded that civilian aircraft capable of training military pilots can fall under EU controls on “dual-use” goods, in a case involving aircraft and related technology supplied to the Myanmar Air Force.

Advocate General Tamara Ćapeta of the Court of Justice of the European Union (CJEU) issued the opinion on September 24 concerning exports by an Austrian aircraft manufacturer to the Myanmar Air Force. Justice For Myanmar (JFM) welcomed the opinion, saying it could help prevent the Myanmar military from obtaining equipment with potential military applications.

The manufacturer is not named in the case, but JFM said it believes the proceedings concern Austria-based Diamond Aircraft Industries and its DART-450 aircraft, associated systems, components and technology.

JFM based its assessment on an investigation into Diamond Aircraft’s business in Myanmar and information obtained from Austria’s economy ministry. The records showed that only one aviation-related dual-use export licence was granted for Myanmar between January 2018 and early 2024, on June 14, 2019.

According to JFM, the DART-450 is a two-seat civilian aircraft designed for basic pilot training, but the Myanmar military also intended to use it for aerial reconnaissance.

Diamond Aircraft exported aircraft and related equipment to Myanmar under a 2019 Austrian authorisation through an arrangement that included technology transfer for the manufacture and assembly of DART-450 aircraft at Shante air base in Meiktila, JFM said.

In 2023, the manufacturer sought permission to continue exports to Myanmar despite knowing that the equipment was intended for the Myanmar Air Force, according to the court information cited by JFM.

Austrian authorities rejected the application on the grounds that the equipment constituted “dual-use items” under EU regulations because the aircraft could be used for reconnaissance and military pilot training and therefore potentially in connection with human rights violations.

The manufacturer challenged the decision before Austria’s Federal Administrative Court, which referred the case to the CJEU in August 2025. At issue is whether a civilian aircraft can qualify as a dual-use item under EU law, which defines such goods as items that can be used for both civilian and military purposes.

Ćapeta proposed a broad interpretation, finding that an item’s potential military use should be assessed according to its physical and technical capabilities. For the aircraft at issue, its civilian design alone does not exclude it from the EU’s dual-use framework, and its ability to train military pilots could be sufficient for it to have a potential military use.

However, the Advocate General’s opinion does not decide whether the aircraft can ultimately be exported to Myanmar and is not legally binding on the CJEU. The court will issue its final judgment later, after which the Austrian court will apply the CJEU’s interpretation to the underlying dispute.

JFM spokesperson Yadanar Maung welcomed the opinion, saying a CJEU judgment adopting the proposed interpretation could establish an important precedent for future export-licensing decisions across the EU.