Eu Law On State Aid To Airlines

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.

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.

This book provides a comprehensive practitioner guide to the EU law of State aid, covering all relevant legislation, case law, and the dominant themes shaping EU State aid policy. It discusses the concept of State aid and its development in the European Union, as well as practical aspects such as procedures for notification to the European Commission, and enforcement in the European Court and national courts. It offers extensive coverage of specific sectors, including transport and shipbuilding, media and communications, energy and environmental protection, culture and heritage, and agriculture. The third edition is fully updated to cover the extensive legislative changes in this area, including the new General Block Exemption Regulation and De Minimis Regulation, horizontal aid guidelines, and sectoral guidelines for aviation, cinemas, agriculture, and fisheries; as well as State aid cases in the national courts, particularly the UK, and recent European Court jurisprudence. Accessible to competition lawyers and non-specialists, the book's clarity and concision make it an invaluable reference to this area of law.

This book provides a comprehensive practitioner guide to the EU law of State aid, covering all relevant legislation, case law, and the dominant themes shaping EU State aid policy. It discusses the concept of State aid and its development in the European Union, as well as practical aspects such as procedures for notification to the European Commission, and enforcement in the European Court and national courts. It offers extensive coverage of specific sectors, including transport and shipbuilding, media and communications, energy and environmental protection, culture and heritage, and agriculture. The third edition is fully updated to cover the extensive legislative changes in this area, including the new General Block Exemption Regulation and De Minimis Regulation, horizontal aid guidelines, and sectoral guidelines for aviation, cinemas, agriculture, and fisheries; as well as State aid cases in the national courts, particularly the UK, and recent European Court jurisprudence. Accessible to competition lawyers and non-specialists, the book's clarity and concision make it an invaluable reference to this area of law.

The aim of this unique volume is twofold. First and foremost, it sets out to offer the reader a comprehensive and challenging view, from some of the most distinguished scholars in the field, of present and future trends and issues in the fields of international air and space law. By breaking new ground in this way, it pays tribute to the scholarly achievements of Henri (Or) Wassenbergh, whose ideas and work have helped to shape both air and space law throughout his long and distinguished career. "Air and Space Law: De Lege Ferenda" will be of interest to all those concerned with the present status of air and space law, and with the challenges the aviation and space industry must face in the century to come.

Since the liberalisation of air transport in the EU in the late 1980s, with the application of competition law to agreements and practices within the EU, and between EU and non-EU airlines since 2004, competition has intensifi ed and the industry has evolved, with the emergence of low cost carriers, greater consolidation between full service carriers through mergers and alliances, and most recently, convergence of business models as airlines respond to competitive pressures. The enforcement of competition law has also increased within the EU – at EU and EU member state level and internationally. This practical and thoroughly researched book, minimising the need for cross-referencing, is the only current comprehensive study of European competition law from the perspective of the airline industry. Among the issues and topics covered are the following: - commercial agreements between airlines such as code-sharing, mergers and alliances and other joint ventures; - means of distribution such as computer reservation (or global distribution) systems and travel agents; - supply and distribution agreements; - abusive conduct by dominant companies including airports, airlines, or other companies; - cartels, including the Airfreight cartel case; - information exchange between competitors; - procedure, enforcement and private actions for damages; - state aid to airlines by Governments, through agreements between regional airports and low cost carriers, and aid to airports; and - subsidies by non-EU countries to airlines. The author also gives an overview of the liberalisation process, the European Common Aviation Area, agreements with non-EU countries, latest developments (including Brexit) and ongoing trends. As a practical guide to the application of competition law in relation to drafting commercial agreements, planning and structuring mergers and alliances, assessing existing agreements, or handling claims or disputes among airlines or airports, legal practitioners in the transport fi eld will fi nd this book to be of inestimable value, as will business persons at airlines and airports. For regulators, academics, and university libraries, this book will also prove itself indispensable.

This revised and updated Research Handbook on European State Aid Law brings together established academics and practitioners to provide a wide-ranging coverage of the field. Incorporating political science, economics and the law in its analysis, it provides a strong overview of the salient issues in State aid law and policy.

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.

An invaluable resource to all those involved in advising or litigating matters of state aid, from lawmakers to regulators, lawyers, economists and courts. This fully revised 4th edition presents detailed practical guidance to the law and practice in the European Union as it stands today, together with the relevant primary law materials