Eu Law On State Aid To Airlines

Author : Magnus Schmauch
Publisher : Lexxion Verlagsgesellschaft
Page : 378 pages
File Size : 41,5 Mb
Release : 2012
Category : Business & Economics
ISBN : 9783869652108

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EU Law on State Aid to Airlines by Magnus Schmauch Pdf

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.

Author : Kelyn Bacon QC
Publisher : Oxford University Press
Page : 704 pages
File Size : 43,6 Mb
Release : 2017-01-19
Category : Law
ISBN : 9780191091230

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European Union Law of State Aid by Kelyn Bacon QC Pdf

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.

Author : John Milligan
Publisher : Kluwer Law International B.V.
Page : 234 pages
File Size : 54,7 Mb
Release : 2017-04-15
Category : Law
ISBN : 9789041166289

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European Union Competition Law in the Airline Industry by John Milligan Pdf

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.

Author : Paul Stephen Dempsey
Publisher : Kluwer Law International B.V.
Page : 257 pages
File Size : 40,5 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122650

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European Aviation Law by Paul Stephen Dempsey Pdf

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.

Author : Leigh Hancher,Juan J. Piernas López
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 49,8 Mb
Release : 2021-01-29
Category : Law
ISBN : 9781789909258

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Research Handbook on European State Aid Law by Leigh Hancher,Juan J. Piernas López Pdf

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.

Author : Henri Abraham Wassenbergh,Tanja L. Masson-Zwaan,Pablo Mendes de Leon
Publisher : Martinus Nijhoff Publishers
Page : 348 pages
File Size : 42,7 Mb
Release : 1992-06-18
Category : Law
ISBN : 0792316266

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Air and Space Law by Henri Abraham Wassenbergh,Tanja L. Masson-Zwaan,Pablo Mendes de Leon Pdf

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.

Author : Elmar Maria Giemulla,Ludwig Weber
Publisher : Kluwer Law International B.V.
Page : 818 pages
File Size : 54,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041126450

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International and EU Aviation Law by Elmar Maria Giemulla,Ludwig Weber Pdf

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.

Author : LEIGH. OTTERVANGER HANCHER (TOM. SLOT, PIET JAN.)
Publisher : Unknown
Page : 128 pages
File Size : 44,5 Mb
Release : 2020
Category : Electronic
ISBN : 0414080556

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EU STATE AIDS. by LEIGH. OTTERVANGER HANCHER (TOM. SLOT, PIET JAN.) Pdf

Author : Małgorzata Cyndecka
Publisher : Kluwer Law International B.V.
Page : 386 pages
File Size : 54,6 Mb
Release : 2016-05-05
Category : Law
ISBN : 9789041183408

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The Market Economy Investor Test in EU State Aid Law: Applicability and Application by Małgorzata Cyndecka Pdf

For upwards of thirty years EU and EFTA courts have been using a test for applying the Market Economy Investor Principle (MEIP) 10 determine whether a state intervention amounts 10 granting of an economic advantage 10 a recipient undertaking. If the stale wishes 10 set as a commercial operator, it must comply with the MEIP. Unsurprisingly, the test remains a difficult and controversial legal instrument, and its very existence and credibility have been questioned. This book unravels the nation of the MEIP, analysing its applicability in order 10 clarify doubts and misinterpretations. Such an understanding is crucial because of the negative consequences of the test's misapplication, and also because the ongoing process of opening markets for more competition blurs the distinction between the public and private sectors. The analysis addresses such questions as the following; - What characterizes a 'prudent' investor? - When is it justified to consider a given public investor 'rational' or 'reasonable'? - How should too 'economic' or 'commercial soundness' of state interventions be understood? - What rate of return is required under the MEIP and how is it calculated? - When should the profitability analysis be undertaken and why? The author examines both the theory behind too principle and its practical application, with detailed attention to case law and the Commission's guidelines explaining the test's mechanism. Soo considers the various critiques of the test and concludes with proposals for change. Practitioners, policymakers, and academics will appreciate the great clarification offered of too MEIP - the character of an economic advantage under the MEIP and in aid scenarios, how to determine whether the MEIP is applicable 10 a given state measure, and how 10 apply the test according 10 its various subtypes and to atypical or complex interventions. They will find that too book's systematic analysis goes a long way to ensuring a credible and reliable assessment of the applicability of state aid under Article 107(1) TFEU.

Author : Stamatis Varsamos
Publisher : Kluwer Law International B.V.
Page : 282 pages
File Size : 52,8 Mb
Release : 2016-10-15
Category : Law
ISBN : 9789041168375

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Airport Competition Regulation in Europe by Stamatis Varsamos Pdf

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.

Author : Francesco Rossi Dal Pozzo
Publisher : Springer
Page : 371 pages
File Size : 52,6 Mb
Release : 2014-10-10
Category : Law
ISBN : 9783319080901

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EU Legal Framework for Safeguarding Air Passenger Rights by Francesco Rossi Dal Pozzo Pdf

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.

Author : European Air Law Association. Conference,Prodromos D. Dagtoglou
Publisher : Kluwer Law International
Page : 184 pages
File Size : 51,8 Mb
Release : 2002
Category : Law
ISBN : 9041119027

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European Air Transport Law and Policy, Recent Developments by European Air Law Association. Conference,Prodromos D. Dagtoglou Pdf

At the end of 2002 the third package has been in force for ten years. It as therefore a good moment to review the record in terms of compliance and problems which have been encountered. Competition Law continues to play an important role in the airline sector and topical issues include frequent flyer programs, the response by traditional airlines to law-cost airlines and arrangements between low-cost airlines and airports. For the last few years state aid to airlines had been a dormant issue, but it is now back in earnest - in connection with the very different responses of the EU and the US to the events of 11 September, the similar but different fates of Sabena and Swissair and the opening of a Commission investigation into Olympic Airways. Passenger rights remains a subject high on the commission's agenda, and its proposal for a regulation on compensation for denied boarding and flight delays and cancellation is exciting strong opposition from airlines. All these subjects were covered in the Association's annual conference for 2002 in Stockholm, and in some cases from a particular Scandinavian point of view. General developments in the Nordic and the Baltic regions have also been discussed particularly in view of the expected imminent special aviation arrangements between the Baltic States and the EU.

Author : Dinos Kyrou
Publisher : Routledge
Page : 408 pages
File Size : 50,6 Mb
Release : 2019-07-23
Category : Political Science
ISBN : 9780429805073

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Lobbying in the European Commission by Dinos Kyrou Pdf

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.

Author : European Air Law Association. Conference
Publisher : Kluwer Law International
Page : 0 pages
File Size : 41,6 Mb
Release : 2003
Category : Aeronautics and state
ISBN : 9041122478

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European Air Law and Policy by European Air Law Association. Conference Pdf

At the end of 2002 the third package has been in force for ten years. It was therefore a good moment to review the record in terms of compliance and problems which have been encountered. Competition Law continues to play an important role in the airline sector and topical issues include frequent flyer programmes, the response by traditional airlines to law-cost airlines and arrangements between low-cost airlines and airports. For the last few years state aid to airlines had been a dormant issues, but it is now back in earnest ¿ in connection with the very different responses of the EU and the US to the events of 11 September , the similar but different fates of Sabena and Swissair and the opening of a Commission investigation into Olympic Airways. Passenger rights remains a subject high on the commission¿s agenda, and its proposal for a regulation on compensation for denied boarding and flight delays and cancellation is exciting strong opposition from airlines. All these subjects were covered in the Association¿s annual conference for 2002 in Stockholm, and in some cases from a particular Scandinavian point of view. General developments in the Nordic and the Baltic regions have also been discussed, particularly in view of the expected imminent special aviation arrangements between the Baltic states and the EU.

Author : Kelyn Bacon
Publisher : Oxford University Press
Page : 705 pages
File Size : 52,7 Mb
Release : 2017
Category : Law
ISBN : 9780198787365

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European Union Law of State Aid by Kelyn Bacon Pdf

Introduction to State aid law and policy -- The definition of state aid -- Compatibility of aid : general principles -- International agreements -- The general block exemption regulation -- Regional aid -- SME and risk finance aid -- Research, development and innovation -- Training and employment aid -- Energy and environmental protection -- Disaster aid -- Transport -- Media and communications -- Culture, Heritage, sport and local infrastructure -- Rescue and restructuring aid -- Financial services -- Agriculture and fisheries -- Supervision by the commission -- Enforcement in the European court -- Enforcement in the National courts