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Air Law CO-PUBLICATION WITH ANT N SAKKOULAS PUBLISHERS GREECE 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.
1998 had seen further efforts by the European Commission to reduce
the number of natural monopolies in the air transport market. The
Council of the EU discussed a directive aimed at regulating airport
practices by limiting the level of charges, putting an end to
unfair practices and improving transparency for users. At the same
time, the Commission set conditions on airline alliances after
having carried out investigations into several alliances between EU
and US carriers. Another significant issue in 1998 has been the
review of conditions of carriage and tickets in consultation with
the Commission and with consumer organisations, as well as the
proposal for a revision of Regulation No. 895/91 regarding denied
boarding compensation. Also in high profile during 1998 has been
the proposal for a multilateral treaty between the EU and Eastern
European countries regarding the adoption of the air law regime of
the EU and EU competition law, which would create a common European
aviation area. These various developments have provided the
principal topics for discussion at the Association's annual
conference for 1998. The Association is grateful to Austrian
Airlines Osterreichische Luftverkehrs AG and Bank Austria
Aktiengesellschaft for their generous contribution towards the cost
of the seminar.
In 1999 liberalization of the air transport market in the EC has
continued to have many positive results. As with US deregulation in
1978, it is clearly leading to growing consolidation, principally
by way of alliances, and the Commission's ongoing investigation of
the transatlantic airline alliances continues to dominate the
agenda. For all its positive results, there is some question as to
whether liberalization has been achieved at the cost of a
deterioration in public service, despite the scope left by the 1992
third package for public service obligations. With the increased
competition resulting from liberalization, airlines have come under
pressure to cut costs. A prime target has been distribution costs,
assisted by developments in technology. This is leading to
differences in the relationship between airlines and travel agents
and in the role of agents. In its communication on the European
airline industry adopted in May 1999, the Commission made it clear
that the completion of the single market in air transport with a
genuine external dimension, particularly involving the US, is a
priority. All these topical issues have been discussed at the
Association's annual conference for 1999. The Association is
grateful to TAP for its generous assistance with air travel to and
from Lisbon.
These papers represent the chief topics of discussion at the
European Air Law Association's annual conference for 1997 in
Madrid. These include the last remaining qualifications for a fully
liberalised EC air transport market, and increasing signs that
liberalisation is stimulating structural changes and producing
significant benefits for passengers. The text discusses the focus
of regulatory attention moving from liberalisation to safety
matters, with initiatives in the field of foreign safety oversight,
the reformation of Eurocontrol and the creation of a single
European aviation safety authority. Also included are EC and US
issues regarding transatlantic airline alliances (particularly
British Airways/American Airlines) and the Commission's reaction to
the Boeing/McDonnell Douglas merger.
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.
The continued implementation of the competition rules of the EC
Treaty and the provisions of the third package of aviation
liberalization measures of 1 January 1993 remain of great
importance to the Community's aviation industry. 1994 has seen
important activity on access to Community air routes (such as the
Orly airport cases), ground handling, state aids and code sharing.
These subjects, and others, are examined in the Association's
annual conference for 1994, with a round table session on access to
air routes in particular. In addition, in view of the conference's
location in Amsterdam, there will be a particular Dutch perspective
on certain current issues.
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