Download or read book The Impact of EU Law on the Regulation of International Air Transportation written by Martin Bartlik and published by Routledge. This book was released on 2016-12-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 5 November 2002, the European Court of Justice delivered its 'open-skies' judgment, a landmark decision which may be the beginning of a new era in the regulation of international air law. The consequences of this judgment may not only affect the European Union and its Member States; this book shows how it could change the future regulation of international aviation worldwide. The first part of this book describes the difficulties arising from the fact that the competence for the regulation of air transportation in Europe is divided between the EU and the Member States. This division of power will also affect the conclusion of air-service agreements made with countries outside of Europe. In the second part of the book, the author examines a subject that was not part of the 'open-skies' judgment, but which he believes will become a problematic consequence: the distribution of air-traffic rights within the European Union.

Download or read book The Impact of EU Law on the Regulation of International Air Transportation by M Bartlik written by Peter Cullen and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book European Aviation Law written by Paul Stephen Dempsey and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Once a byword for the economic power of national government - with competition strictly regulated - European commercial aviation has now virtually become a market without state-imposed anticompetitive restrictions. Although intended to enhance competition, this situation has in fact driven airlines to form massive global alliances cartels that offer ever-shrinking benefits to the consumer. In this extraordinarily thorough, blow-by-blow analysis of how this happened ? or was allowed to happen ? one of the world?s most eminent aviation law authorities explores the subject with a lucid insight fully informed by historical breadth and a keen appreciation of current pressures. Commercial aviation emerges as the crucible par excellence of the convergence of prevailing global ideology, economics, and international law. Among the numerous interrelated topics investigated in depth by Professor Dempsey, the following may be mentioned: the principal actors, including scores of airlines, the European Union, and a number of air transport associations; the labyrinth of bilateral air transport agreements; the relevance of the Treaty of Rome?s competition rules and the EU merger regulations to air transport; the important Court of Justice cases that circumscribed the zone of application in which the competition rules can regulate air transport: French Seamen?s Case, Transport Policy Decision, Olympic Airway, Nouvelles Fronti?res, Ahmed Saeed, and the 2002 `Open Skies? Decision; the 1991 U.S.-EC agreement regarding the application of competition laws; the sequence of EU aviation regulatory `packages?; regulation of non-economic issues (air traffic congestion, noise limitations, air carrier liability, civil aviation accident/incident investigations, denied boarding compensation); the effect of the U.S. government?s increasing invocation of antitrust immunity; computer reservation systems (especially code-sharing procedures); jointly-owned web sites for ticket sales and other e-commerce joint ventures; frequent flyer program alliances; and the emergence of global megacarriers. The author?s presentation emphasizes the regulatory constructs that currently affect the European air transport market: pricing and tariffs, pooling of revenue, market access (licensing, capacity limits, traffic rights, slot allocation), ground handlings, cargo services, state aid, and the power of the EU to act on the commercial aviation world stage for Member States. Each of these areas of analysis begins with an overview of the general regulatory environment for that area followed by a detailed chronological delineation of relevant packages, proposals, resolutions, and regulations. Because of the enormous role played by international air transport with respect to gross national product, employment, and energy consumption, European Aviation Law is of great importance not only to European lawyers but to officials, policymakers, practitioners, and academics in a number of relevant fields worldwide.

Download or read book EU Law on State Aid to Airlines written by Magnus Schmauch and published by Lexxion Verlagsgesellschaft. This book was released on 2012 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: State intervention in air transport is omnipresent. Airlines, in particular, are major beneficiaries of State aid. This book provides a comprehensive analysis of the law regulating State aids to airlines, which includes sections on Articles 107 TFEU and 108 TFEU as well as an overview of legal issues raised by air transport and competition in the EU, in particular deregulation and its consequences. EU Law on State Aid to Airlines follows a multi-disciplinary approach by relying on the fundamental concepts of economics and policy analysis. This approach allows grasping the wider implications of this sector's issues for the field of State Aid, in particular in the light of the 'more economic approach' and the 'balancing test'. Furthermore, additional perspective is given on State aid law in the air transport sector through comparative analyses of regulations in the United States and Switzerland and outlooks on international relations. Finally, the book presents a number of recent Commission decisions with a dramatic importance for the air transport, with the opening of formal investigation procedures regarding alleged State aid to low-cost airlines operating from regional airports all over Europe. Magnus Schmauch is Legal Secretary at the EFTA Court in the Chambers of judge Pall Hreinsson. Previous experience includes four years as a lawyer at the Court of Justice of the European Union. He has published a large number of articles on State aid and other fields of EU law and teaches on EU law and fundamental rights at the University of Lund, Sweden.

Download or read book International and EU Aviation Law written by Elmar Maria Giemulla and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an extraordinary wealth of information, from the ground up, of the law governing and regulating air transport today, with a strong emphasis on international aviation. A team of distinguished authors in the field of aviation law provide a cogent synthesis from which sound legal opinions and strategies of legal action may be confidently built. Among the many topics here in depth are the following: definition and classification of airspace; distinction between civil and state aircraft; air navigation and air traffic control services; airport charges and overflight charges; structure of ICAO; standard-setting functions and audit functions of ICAO; functions of the International Air Transport Association (IATA); policy and effects of deregulation and liberalization of air transport policy; the International Registry for Aircraft Equipment; air carrier liability regimes and claims procedure; measures to combat aviation terrorism, air piracy and sabotage; and the Open Skies Agreements. This publication cites significant legislation and court rulings, including from the United States and the European Union, where far-reaching measures on market access, competition and passenger rights have set trends for other regions of the world. The special case of Latin America has a chapter to itself. At a time when commercial aircraft have been used as lethal weapons for the first time, aviation law finds itself in the front line of responsibility for maintaining global aviation security.

Download or read book European Union External Competence and External Relations in Air Transport written by A. Mencik van Zebinsky and published by Kluwer Law International B.V.. This book was released on 1996-03-20 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Union External Competence and External Relations in Air Transport is an essential guide for all those interested in the development of European Union external relations in general and in the field of air transport in particular. Part I of the book offers a detailed analysis of the EU's internal and external competence in air transport and related topics, taking into account the amendments introduced by the Single European Act and the Treaty on European Union. A new vision is proposed of the development of external competence in air transport and a new classification of the Community's secondary legislative measures in this area. Part II offers a detailed analysis of the EU's external relations in air transport, including an analysis of the Air Transport Agreement with Norway and Sweden, the extension of the trans-European transport network, and the inclusion of air transport in recently concluded association and trade agreements. The many problems facing external relations, and the future prospects for such relations, are revealed. Community participation in civil aviation organizations is also discussed.

Download or read book Airport Competition Regulation in Europe written by Stamatis Varsamos and published by Kluwer Law International B.V.. This book was released on 2016-10-15 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past thirty years, airports within the EU – including nearly a hundred newly built or rebuilt during that time – have undergone a major economic transformation. From mere infrastructure providers, airports have become diversified and complex commercial enterprises in competition with each other. This is the first and only book thus far to deal with the legal issues surrounding this important development, focusing on the impact of EU Directive 12/2009 on airport charges. Examining the use of airport infrastructure, the growing competition among airports, and the relations between airlines and airports, the author, a leading aviation law practitioner, covers such issues and topics as the following: - types of charges – landing, passenger, aircraft parking; - pricing factors determining airport charges; - vertical contractual relations between airports and airlines; - airport market power and dominance; - issues of consultation and transparency; - ability of airlines and passengers to switch to alternative airports; - application of state aid rules; - security charges; - environmental charges and schemes; and - price discrimination and differentiation. The presentation encompasses a critical analysis of the findings of case law, both international and European, on airport charges in the context of the new trend of airports and airlines concluding vertical agreements. As an examination of the economic regulation of EU airports due to the liberalization process, structural changes in the ownership status of many EU airports, and the emergence of new airline business models (such as low-cost carriers), this book, the only one of its kind, will quickly become indispensable to practitioners, policymakers, and academics in aviation law.

Download or read book Lobbying in the European Commission written by Dinos Kyrou and published by Routledge. This book was released on 2019-07-23 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2000, this volume examines the role of industry representation in the EU in the case of the air transport industry. Air transport has contributed to areas including member state interdependence, national defence in foreign policy considerations and national identity in terms of ‘flag carrier’ airlines. Dinos Kyrou looks at specific case studies concerning aspects of integration of the air transport sector within the European Union. These case studies – an examination of a European Commission Proposal for a Council Directive and the attempt by the Commission to formulate a Proposal for a Council Regulation – are stages in the process of policy formulation which are aimed at enhancing the liberalisation which was completed de jure in 1992. In both cases, the increasing prominence of the Competition Directorate of the European Commission (DGIV) has been evident. Kyrou’s question is whether this reflects a restoration or a creation of pride and self.

Download or read book Manual on the Regulation of International Air Transport written by International Civil Aviation Organization and published by . This book was released on 2004 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book EU Aviation and Flight Safety Regulations Handbook Volume 1 Strategic Information Regulations Contacts written by IBP USA and published by Lulu.com. This book was released on 2006 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Law and Policy of Air Space and Outer Space written by Peter P. C. Haanappel and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development in air and space law; their interrelationships with the law of the seas and the law of Antartica; institutions working in the field of air and space law; sovereignty in national penal air law; private international air law, especially liability law; and public and private space law Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effect of competition, antitrust and European Union law; deregulation, privatization and commercialization of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space application. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatized and commercialized.

Download or read book Fundamentals of International Aviation Law and Policy written by Benjamyn I. Scott and published by Taylor & Francis. This book was released on 2024-09-11 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamentals of International Aviation Law and Policy offers students a systematic, tailored and dynamic approach to understanding the legal scenario concerning international civil aviation. The book covers the major areas of international aviation law and provides an introduction to the multifaceted international regulation of aviation activities in the sphere of public and private law. The book is designed to provide the reader with the fundamental notions concerning international aviation law. It adopts an interactive approach, which aims at engaging the reader by way of using learning tools. The main areas of public and private aviation law are dealt with from a regulatory and practical perspective, and include detailed analyses of existing and applicable legislations, as well as landmark court cases and decisions. Each chapter is tailored to confer to readers a thorough knowledge of the applicable international and, if any, the European legislation. Delivery of these aims is attained through a clear and balanced use of didactic instruments and immediate information. New chapters cover aircraft financing and advanced air mobility, giving this second edition of Fundamentals of International Aviation Law and Policy even greater coverage and depth. The book is intended for a varied audience of students and professionals involved in the aviation world, without requiring the possession of specific legal knowledge or background. It also constitutes a useful reference material for those who are familiar with legal terminology and aviation specifics.

Download or read book Public International Air Transportation Law in a New Era written by H. A. Wassenbergh and published by Brill Archive. This book was released on 1976 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Future of the Open Skies Agreements after the ECJ judgements Legal and Economic Aspects written by Joanna Mastalerek and published by GRIN Verlag. This book was released on 2006-07-28 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2006 in the subject Politics - Topic: European Union, grade: A, University of Hamburg, language: English, abstract: Even though aviation is one of the driving forces of globalization, the airline industry itself remains far from being globalized: A framework of bilateral aviation agreements with rather restrictive national control on cross-border investment and competition mainly governs the civil airline industry. The Open Skies agreements between 11 EU Member States and the US can be seen as an attempt to introduce various liberal elements to the bilateral aviation agreements, while preserving the strict provisions on cross-border investment. However, the existence of the Open Skies agreements was put into question when on 5thNovember 2002 the European Court of Justice (ECJ) judged these agreements between the EU Member States and the US illegal under EU law, as they infringed both primary and secondary EU legislation. Moreover by declaring a mixed competence between the European Commission and the Member States in the field of external air transport, the ECJ judgment marked a decisive turn in the EU ́s history of air transport policy. The ECJ judgement thus entailed significant legal and economic consequences for the international civil aviation between the EU and the US. As to the precise future of the Open Skies agreements however, the ECJ remained evasive, imposing on the involved parties the burden of legal incertainty. Economically a sort of free trade area for air transport between the EU and the US, the two biggest aviation markets, seems the most reasonable solution, being of utmost importance in order to restructure the airlines operating in a context of market globalization and growing international competition. Politically though, the aviation sector has ever since been a sensitive issue, regarded as an instrument of foreign policy, national defense and national prestige. The future of the Open Skies has thus has been a topic of heated debate, not only in the scientific arena but as well in political and business circles. Particularly in view of the economic leverage of the EU and US aviation market, the decision about the future of the Open Skies agreements is likely to have a major impact on the way the international aviation industry will develop in the next decades. [...]

Download or read book European Air Transport Law Competition written by Jeffrey Goh and published by . This book was released on 1997-05-05 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The opportunities afforded by air transport for both business and leisure travel are clearly enormous and this has never been more true than in the current climate of liberalisation in Europe. A wave of innovative fares and increased choice of routes and carriers has opened up the market place and has forced the traditionally protectionist and monopolistic air transport industry to adapt rapidly to the new environment. An understanding of the complex and varied rules and regulations that now define this sector is essential and in response to this need, European Air Transport provides a comprehensive analysis of the laws governing air transport competition within the Single European Market. The author concentrates on the key competition aspects which influence the air transport sector and provides detailed commentary on the existing legislation and cases while also looking ahead to their likely development as the liberalisation programme unfolds. The text, however, is not limited to questions of competition, but also recognises that this area must be looked at as a whole and accordingly the author also addresses issues of air transport law, politics and economics. With its wide-ranging coverage and detailed analysis, European Air Transport is an invaluable resource for all practitioners, both legal and financial, advising clients in this field and all those who presently work within the industry or are looking to expand business operations in the light of the increased opportunities now available.

Download or read book EU Legal Framework for Safeguarding Air Passenger Rights written by Francesco Rossi Dal Pozzo and published by Springer. This book was released on 2014-10-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a thorough analysis of the EU provisions and legal framework of passenger rights in the civil aviation field. It provides both a theoretical and practical view of the initiatives that have been taken in this field. This includes initiatives taken by the European Commission (EC) with the aim to improve the protection of passengers and by the European Court of Justice (ECJ) with regard to jurisprudence. The book points out the goals that have been obtained so far, as well as the goals that still need to be pursued. Particular attention is paid to EU institutions that have been created ad hoc to supervise aviation safety and harmonize the various safety procedures of the EU Member States. Recent and upcoming packages of important safety and security measures are examined in detail. The book gives examples of current applications of legislative instruments and presents readers with the tools to gain a deeper understanding of the legal, practical and theoretical aspects of this important topic in aviation.

Download or read book Air Passenger Rights written by Michal Bobek and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation 261/2004 on Air Passengers' Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial judgments of the Court of Justice, from C-344/04 ex parte IATA to C-402/07 Sturgeon. The Regulation has led to equally challenging decisions across the Member States, ranging from judicial enthusiasm for passenger rights to domestic courts holding that a Regulation could not be relied upon by an individual claimant or even threatening outright to refuse to apply its provisions. The economic stakes are significant for passengers and airlines alike, and despite the European Commission's recent publication of reform proposals, controversies appear far from settled. At the same time the Regulation should, according to the Treaty, have uniform, direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do the diverging national interpretations have for the EU's regulatory strategy at large? This book brings together leading experts in the field to present a series of case studies from 15 different Member States as well as the extra-territorial application of Regulation 261, combined with high-level analysis from the perspectives of Aviation law and EU law.