1. Department for maritime and transport law
Air transport in the eu
Doc.dr.sc. Iva Savić
Department for maritime and transport law
December,

2. International aviation
Chicago convention, 1944
Sovereignty principle - Traffic rights
Bilateral agreements

3. Bilateral air transport agreements
'specified routes‘
'agreed services',
'specified traffic rights‘
'agreed tariffs‘
etc.

4. Evolution of air transport
Regulation vs air traffic market
Evolution: protection of national carriers > liberalization, open skies, competition
Liberalization= privatizing airlines, privatizing infrastructure,
Internationally? > bilaterals (ASAs) remain
Air transport remains national public service industry!

5. Eu single *air transport* market
Position of MS vs EU institutions (commission!)
Integrity - common policy
Community air carrier – community licence („European Nationality)
External policy?
Case law

6. Air transport packages
Procompetitive policy:
Market access
licensing
Capacity and frequency
Tariff regulation
Competition rules and state aid rules
Harmonization of rules in other fields:
Safety and security
Air traffic control
Environment
Passengers rights

7. Open skies case Case facts Outcome Consequences
EC bringing claim against MS that concluded open skies agreement with the us
Art. 4 TEU - principle of sincere cooperation („…ensuring fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union…The Member states shall…refrain from any measure which could jeopardise the attainment of the Union's objectives”)
Art. 49 TFEU – freedom of establishment - nationality clause vs community carrier
Outcome
ECJ did not say antything on validity of agreements or ms’ obligations
Ec has exclusive competence in concluding intl agreements as regards in certain areas*
Consequences
In 2003 EC received mandate for external relations in air transport

8. environment

9. Issues… Air polution (Emissions) Noise polution
green technology (bio fuels etc.)
modernised air traffic management systems,
market-based measures: emission trading system
Noise polution
setting noise standards for airplanes
managing the land around airports in a sustainable way
reduce noise impact on the ground
introducing operating restrictions

10. ets Directive 2008/101 –EU Emissions Trading Scheme (ETS)
applies also to all non-EU air carriers (emissions on routes that require aircraft to land at or depart from airports within EU territory)
C-366/10 - consistent with applicable international law
chicago convention is not a valid instrument against which an EU directive could be judicially assessed;
EU-US agreement - requires aircraft to comply with local (EU) regulations when in EU territory
Kyoto protocol – parties may comply with their obligations in the manner and at the speed upon which they agree and the obligation to pursue limitation or reduction of emissions of certain greenhouse gases from aviation fuels, working through the ICAO is not unconditional and sufficiently precise to be capable of being relied upon
choosing to utilize EU airports, foreign carriers choose also to subject themselves to the EU regulation, whatever the reach of its application
International aviation relations?
ICAO – CORSIA, scheme to reduce greenhouse gas emissions from intl aviation

11. safety

12. Common safety rules
overseen by the European Commission + EASA + National Aviation Authorities (*industry participating in the European aviation market)
Europeaj aviation safety programme + ms safety programs
ALL areas of aviation, including:
airworthiness
Aircrew
Aerodromes
air operations
provision of air navigation services
reporting, analysis and follow-up of occurrences in civil aviation

13. 'Regulation No 216/2008 centrepiece of the EU aviation safety system
establishing common rules and defining 'essential requirements' on authorities, persons and organisations
concerning aeronautical products, parts and appliances, operators involved in air transport, as well as pilots and persons, products and organisations involved in their training and medical examination, aerodromes and air traffic management and air navigation services (ATM/ANS) provided in the airspace of the territory to which the EU Treaty applies
enabling mutual recognition of certificates
introducing standardisation inspections process to monitor rules' application by the Member States
creating European Aviation Safety Agency (EASA)

14. EASA
specific regulatory and executive tasks in the field of civil aviation safety and environmental protection
Set up in 2002 > growing + influence
Main tasks
develops common safety and environmental rules at the European level*
Inspections - monitors the implementation of standards
technical expertise, training and research – cooperation with the MS

15. 3rd country airlines
TCO system - 3rd Country Operator Authorisation - prior verification of safety
Black list - EU Air Safety List ( ban/doc/list_en.pdf
Safety Assessment of Foreign Aircraft (SAFA) programme - Actual verification of safety of aircraft through ramp inspections

16. Passengers rights

17. Regulation 261/2004 In cases of… Long delay Flight cancellation
Denied boarding (overbooking)
Applicable if…
your flight is within the EU and is operated either by an EU or a non-EU airline
your flight arrives in the EU from outside the EU and is operated by an EU airline
your flight departs from the EU to a non-EU country operated by an EU or a non-EU airline

18. Cont.’d Rights: Information and assistance Re-routing
financial compensation (cash, voucher)
Enforcement:
Air carrier (Tour operator)
National enforcement body (civil aviation authority or transport ministry)
court

19. Denied boarding Flight cancellation Flight delay  5 hours
Denied boarding
Flight cancellation
Flight delay  5 hours
Flight delay  5 hours
Compensation
YES
YES* NO
Re-routing OR reimbursement(**)
Care (food, drinks, hotel, transportation, phone, fax, )
* Extraordinray circumstances
** full cost of the ticket at the price at which it was bought, for the part of the journey not made, and for the part already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan

20. Case law C 432/07 and 402/07 (Sturgeon) C-581/10 and C-629/10 (Nelson)
same compensation as in case of a flight cancellation
C-581/10 and C-629/10 (Nelson)
obligation to compensate delayed passengers falls outside the scope of montreal convention, but remains additional to the system for damages laid down by it
C-11/11 (Folkerts)
only the delay at the final destination of the journey is relevant for the right to compensation
C-549/07 (Wallentin-Hermann)
Concept of “extraordinary circumstances” - technical problem which comes to light during aircraft maintenance or is caused by failure to maintain an aircraft cannot be regarded as such
C-22/11 (Finnair)
concept of ‘denied boarding’ - not only overbooking but also cases where boarding is denied on other grounds, such as operational reasons
Case C-83/10 (Sousa Rodríguez)
concept of "cancellation" - covers the case where the aircraft took off but, for whatever reason, was subsequently forced to return to the airport of departure where the passengers of the said aircraft were transferred to other flights.
Etc.