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Author: Magnus Schmauch
Publisher: Lexxion Verlagsgesellschaft
ISBN: 3869652101
Category : Business & Economics
Languages : en
Pages : 378
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Book Description
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: Magnus Schmauch
Publisher: Lexxion Verlagsgesellschaft
ISBN: 3869652101
Category : Business & Economics
Languages : en
Pages : 378
Get Book Here
Book Description
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: Henri Abraham Wassenbergh
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792316268
Category : Law
Languages : en
Pages : 348
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Book Description
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: Paul Stephen Dempsey
Publisher: Kluwer Law International B.V.
ISBN: 9041122656
Category : Law
Languages : en
Pages : 257
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Book Description
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: Herwig Hofmann
Publisher: Oxford University Press
ISBN: 0198727461
Category : Law
Languages : en
Pages : 657
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Book Description
The rules controlling State aid and subsidies on the EU and the WTO level touch nearly every aspect of national law. Written by a team of experts from the judiciary, practice, academia, and officials, this book provides a thorough and analytic approach to this vital area of law.
Author: Kelyn Bacon QC
Publisher: Oxford University Press
ISBN: 0191091235
Category : Law
Languages : en
Pages : 911
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Book Description
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: Stamatis Varsamos
Publisher: Kluwer Law International
ISBN: 9789041168313
Category :
Languages : en
Pages :
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Book Description
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. "
Author: Anthony Arnull
Publisher: Oxford University Press
ISBN: 0191653055
Category : Law
Languages : en
Pages : 1092
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Book Description
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Author: Benjamyn I. Scott
Publisher: Taylor & Francis
ISBN: 1040111718
Category : Transportation
Languages : en
Pages : 526
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Book Description
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.
Author: E. Szyszczak
Publisher: Edward Elgar Publishing
ISBN: 0857936425
Category : Business & Economics
Languages : en
Pages : 457
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Book Description
ÔErika Szyszczak and the team have come up trumps with a modern comment on state aid and policy. Thank you!Õ Ð Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine ÔThis fine collection of essays demonstrates in a very articulate way why EU State aid law has taken the centre stage of EU law. In eighteen chapters the reader is provided with a fascinating snapshot of the main issues and developments of the law. The key elements of the EU policy are analysed in a critical way often leading to new insights. In addition the book contains a wealth of material greatly facilitating further research.Õ Ð Piet Jan Slot, University of Leiden, The Netherlands ÔEuropean state aid law needs more self-questioning and more intellectual debate. In my view, this Research Handbook is a very valuable contribution to this necessary process. It correctly identifies the most intellectually problematic issues within state aid law and asks the right questions. This may be due to the balance in the excellent selection of contributors, coming both from the academia and from practice. This guarantees, on the one hand, that the questions are relevant in practice and not purely theoretical but also provides, on the other hand, for a rigorous analytical approach when confronting the issues. The result is a fresh and interesting new look to many of the basic issues of state aid law.Õ Ð JosŽ Luis Buendia Sierra, Garrigues, Brussels, Belgium, and KingÕs College London, UK ÔThis Research Handbook provides an in-depth exploration of some of the most difficult and controversial issues in current State aid law and policy. It is unusual in providing not only a legal but also an economic and political science perspective on this rapidly developing area of EU law. The Handbook will be a welcome addition to the shelves of State aid practitioners and academics alike.Õ Ð Kelyn Bacon, Brick Court Chambers, London, UK This timely new Handbook reflects on current issues that confront State aid law and policy in the EU. State aid was a neglected area of competition law until attempts to modernise it became central to the Lisbon process 2000 where the aim was to encourage ÔintelligentÕ State aid by reducing aid to specific sectors and by making better use of aid for horizontal projects central to EU integration concerns. This policy framework has underpinned the new approach to State aid policy in the EU in recent years and informs many of the chapters in this book. Contributions from leading academics, regulators and practising lawyers, discuss topics devoted to modernisation, problems faced by recent enlargements of the EU, the role of State aid in the fiscal crisis and recession, the role of the private market investor test, regional aid, environmental aid and the review of the Altmark ruling. Perspectives on State aid law and policy from the disciplines of economics and political science are also explored in detail. Research Handbook on European State Aid Law will appeal to academics, regulators, national and EU government officials, practitioners and postgraduate students who are involved in State aid law.
Author: Leigh Hancher
Publisher: Edward Elgar Publishing
ISBN: 1789909252
Category : Law
Languages : en
Pages : 384
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Book Description
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.
