Eu Law On State Aid To Airlines
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Eu Law On State Aid To Airlines
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Author : Magnus Schmauch
language : en
Publisher: Lexxion Verlagsgesellschaft
Release Date : 2012
Eu Law On State Aid To Airlines written by Magnus Schmauch and has been published by Lexxion Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Business & Economics categories.
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.
European Union Competition Law In The Airline Industry
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Author : John Milligan
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-04-15
European Union Competition Law In The Airline Industry written by John Milligan and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-15 with Law categories.
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.
European Union Law Of State Aid
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Author : Kelyn Bacon QC
language : en
Publisher: Oxford University Press
Release Date : 2017-01-19
European Union Law Of State Aid written by Kelyn Bacon QC and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-19 with Law categories.
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.
European Aviation Law
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Author : Paul Stephen Dempsey
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
European Aviation Law written by Paul Stephen Dempsey and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
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.
Air And Space Law
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Author : Henri Abraham Wassenbergh
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1992-06-18
Air And Space Law written by Henri Abraham Wassenbergh and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-06-18 with Law categories.
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.
The Market Economy Investor Test In Eu State Aid Law Applicability And Application
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Author : Małgorzata Cyndecka
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-05-05
The Market Economy Investor Test In Eu State Aid Law Applicability And Application written by Małgorzata Cyndecka and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-05 with Law categories.
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.
Airport Competition Regulation In Europe
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Author : Stamatis Varsamos
language : en
Publisher: Kluwer Law International
Release Date : 2016-10-31
Airport Competition Regulation In Europe written by Stamatis Varsamos and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-31 with categories.
Aerospace Law and Policy Series Volume 12 Airport Competition Regulation in Europe focuses on the issue of airport charges and its impact on airport competition in the EU, especially following the introduction of EU Directive 12/2009 on airport charges. Over the last 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 book is the first and only one thus far to deal with the legal issues surrounding this important development, focusing on the impact of EU Directive 12/2009 on airport charges. What s in this book: 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. This book first discusses the nature of airport charges, the factors determining their price and structure, and then, proceeds with an analysis of the basic provisions of the Directive and on the effects of its implementation in the EU Member States. Furthermore, this book encompasses the legal assessment of the current trend of vertical agreements between airports and airlines on the basis of existing case law by the Commission and ECJ on airport charges which is central to the above discussions. How this will help you: This book describes the evolution of the basic features of airport competition in the EU, and in particular, the issues of airport market power and State aid to airports which helps setting a successful strategy for airport charges. As an introspection 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 serves as an indispensable tool for practitioners, policymakers, and academics in aviation law. "
Research Handbook On European State Aid Law
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Author : Leigh Hancher
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-01-29
Research Handbook On European State Aid Law written by Leigh Hancher and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-29 with Law categories.
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.
International And Eu Aviation Law
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Author : Elmar Maria Giemulla
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
International And Eu Aviation Law written by Elmar Maria Giemulla and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
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.
European Air Transport Law And Policy Recent Developments
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Author : European Air Law Association. Conference
language : en
Publisher: Kluwer Law International
Release Date : 2002
European Air Transport Law And Policy Recent Developments written by European Air Law Association. Conference and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
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.