bluuebunny/crossref_metadata_2025_split huggingface dataset:
European Union Competition Law Developments in the Aviation Sector: July to December 2016
Authors: Strom Martin 
Published: March 2022

The second half of 2016 has seen a myriad of competition law developments relevant to the aviation sector. This article summarizes the main competition law developments over the past six months and provides the reader with greater detail of each of these developments. The European Commission (hereinafter ‘Commission’) began a second consultation on its proposed reform of the 2014 State aid General Block Exemption Regulation. In particular, the proposed reforms would expand the current exemptions and compensation schemes in relation to, for example, small airports. Another major development is the legal challenge brought by Deutsche Lufthansa (hereinafter ‘Lufthansa’) against the Commission’s refusal to grant a partial waiver of the conditions the Commission imposed as part of its approval of Lufthansa’s takeover of Swiss International Airlines in 2005. The unprecedented appeal would, if successful, lift various requirements currently applying to the fares charged by Lufthansa on certain routes. In addition, the Brexit Competition Law Working Group (BCLWG) has published notes of two roundtable discussions on the antitrust and merger issues resulting from the United Kingdom’s (UK) referendum result to leave (‘Brexit’) the European Union (EU). In particular, the BCLWG discussed the implications of Brexit on the ‘one stop shop’ principle, on pan-European investigations and on the possibility of introducing public interest considerations in merger assessments. The UK’s withdrawal from the EU has the potential to effect a seismic change in the general competitive landscape of the UK and more generally across the EU aviation industry.
Intercontinental Space Flight: Learning from the Concorde
Authors: Fitzgerald P. Paul 
Published: March 2022

‘Intercontinental Space Flight – Learning from the Concorde’ understands that intercontinental earth-to-earth flights by spacecraft may operate in a legal quagmire where either or both space law or aviation law might apply. However, to the extent that the object of the flight is the intercontinental air transport of paying passengers, air law is more likely to apply to such flights. In such an event, any operator planning to offer inter-continental flights by spacecraft should learn from the difficulties the Concorde faced in launching supersonic trans-Atlantic flights to the United States in the 1970s. Despite the fact that the Concorde’s manufacturers had sought a US type certificate for the aircraft in 1965, it was not until Braniff, a US carrier, began to work with Air France and British Airways to operate Concorde between Washington and Dallas that Concorde’s fortunes improved. The complexity of the legal arrangements, which enabled Concorde to operate between Washington and Dallas, required the re-registration of the aircraft and the issuance of a US type certificate for Concorde. The issues examined during the issuance of the US type certificate cleared the path for a quarter century of US-Europe Concorde service. Since that incident, environmental and noise standards have become more stringent and issues such as social license require genuine commitment to deal with societal concerns. This is the context in which inter-continental space flight will operate, and the lessons of the Concorde’s entry into the US market provide useful guidance.
The U-space Concept
Authors: Huttunen Mikko 
Published: March 2022

The integration of civil unmanned aircraft systems (drones) into airspace has turned out to be a real challenge. Drones have difficulties in following many of the rules designed for manned aviation, because drones are plentiful and cheap, because they have no pilot on board, and because they are often flown at a very low altitude. This creates major issues relating to safety, traffic management, privacy, and law enforcement. To solve them, European regulatory bodies have come up with a new concept: U-space. In this article, I focus on that particular concept. First, I explore several rules designed for manned aviation; second, I present several challenges posed thereto by drones; and third, I analyse how these challenges will be solved in U-space. My analysis emphasizes that U-space is not merely a legal but also a technological concept, and it is as much a public as it is a private effort. I maintain that this interplay is necessary, since it is counterproductive to develop the concept without taking into account emerging technology and without close cooperation with the industry. My analysis also acknowledges that many U-space services are already available today. However, since many of such services are fragmentary and have only been demonstrated in a controlled environment, I argue that it will take much more effort to bring the concept to its full fruition.
Regulation (EC) 261/2004 and Internal Strikes Under Article 5.3: Its All About Control, Stupid
Authors: Croon Jochem , Verbeek Fina 
Published: March 2022

According to the preamble of the EU passenger rights regulation (EU Regulation 261/2004) strikes that affect the operation of an operating air carrier are explicitly provided as an example of extraordinary circumstances, exempting the air carrier from having to pay compensation to the passengers. Complex in this regard is how one should see strikes by airlines staff also named ‘internal strikes’. There are persons – often boosted by commercial claim companies – who advocate that due to the European Court of Justice (‘ECJ’) judgment of 17 April 2018, Helga Krüsemann and Others v. TUIFLY it has been clearly established that these internal strikes do not constitute an extraordinary circumstance and thus obliges the air carrier to pay compensation. The authors have a different view. With this contribution, they want to put internal strikes and the concept of extraordinary circumstances in the proper context. For this they are ‘filleting’ EU Regulation 261/2004, the Montreal Convention, relevant ECJ case law and European social principles pursuant to which they want to show the proper nuances as regards internal strikes and the extraordinary ordinary defence for the air carrier. All of which should lead to a rewording of article 5(3) of the EU regulation 261/2004. Something for the EU legislator to take into account, as part of the still pending revision of this regulation.
European Union Competition Law Developments in the Aviation Sector: July to December 2019
Authors: Strom Martin 
Published: March 2022

The second half of 2019 continues to highlight the rapidly-changing aviation sector, with a number of key developments. This article summarizes the main developments over the past six months and provides the reader with greater detail of each of these developments.
The Competition and Markets Authority (the ‘CMA’) in the United Kingdom has launched an in-depth Phase 2 investigation into the proposed acquisition of Farelogix by Sabre, after rejecting the parties’ initial remedies. As part of the Phase 2 review, the CMA inquiry group has stated that it intends to review whether the CMA has jurisdiction to investigate the transaction. This type of jurisdictional assessment is not commonly undertaken during Phase 2 investigations. The Parties are accusing the CMA of merging the substantive assessment of whether the transaction would lead to a substantial lessening of competition, with the jurisdictional issue of whether the transaction is one which qualifies for review by the CMA.
A number of the airline addressees of the European Commission’s (the ‘Commission’) air cargo cartel decision have argued their respective appeals against the re-adopted 2017 decision. This marks the latest development in the long-running saga, which started with the Commission carrying out a number of unannounced inspections in 2006 (so-called dawn raids) before reaching its first decision in 2010. Following a successful appeal of the 2010 decision, the Commission re-adopted its decision in 2017, which is the focus of the current appeals. The airlines have raised arguments based on, inter alia, lack of evidence, statute of limitation, equality of treatment, the role played by regulators outside of the European Economic Area (‘EEA’), etc.
The recent collapse of the Thomas Cook Group has spurned a number of competitionrelated developments. The German competition regulator has cleared an acquisition by Signa of 106 branches as well as the online travel business of Thomas Cook. The German regulator similarly cleared a separate transaction by Anex Tour of the Bucher Reisen &amp; Öger Tours business. The collapse also caused financial difficulties for Condor Airlines (part of the Thomas Cook Group), as it was forced to write off a number of claims against other group companies. This led Germany to grant temporary rescue aid of EUR 380m to the airline, which has subsequently been approved by the Commission.
Aviation, airline, regulation, competition and anti-trust
The Tale of the Airfreight Cartel Case
Authors: Leandro Solange 
Published: March 2022

For over a decade, airlines have been subject to an EU Commission investigation and court proceedings for their involvement in an international airfreight cartel. This article provides an overview of the key elements of the case in the EU including the follow-on civil litigation.
From December 1999 to February 2006, major international airlines coordinated their pricing behaviour on the airfreight market in relation to fuel and security surcharges and refusing payment of commission on surcharges.
The alleged cartel was brought to light by Lufthansa under an application for immunity to the European Commission on 7 December 2005. Lufthansa’s immunity application prompted the European Commission to open an investigation into major airlines across the globe in February 2006 which concluded with a Decision on 9 November 2010 imposing fines on eleven airlines. The European Commission Decision’s concluded that the airlines conduct constituted a single complex and continuous infringement prohibited by Article 101 of the Treaty on the Functioning of the European Union, Article 53 of the European Economic Area Agreement and Article 8 of the Agreement Between the European Community and the Swiss Confederation on Air Transport.
On appeal, the EU General Court annulled the 2010 Decision on 16 December 2015 due to an inconsistency between the grounds and the operative part. The European Commission nonetheless re-adopted the decision on 17 March 2017 with fines on ten airlines (one airline having paid the original fine and not appealed). **This complex litigation was extended to several EU national civil courts and currently there are ongoing private claims for damages against British Airways plc along with other Addressees of the EU Commission’s decision from Emerald Supplied Ltd. in the UK High Court and against KLM, Air France, Martinair et al. in the Amsterdam District Court.
Airfreight, Cartel, SCCI (Single and continuous complex infringement), EU Commission, Decision readoption
The EU-Qatar Air Transport Agreement: Bound to Succeed?
Authors: Kucko Magdalena 
Published: March 2022

Created to provide for a new global benchmark by virtue of strong fair competition mechanisms in combination with ‘modern’ provisions on transparency, environmental protection and social aspects that have traditionally never been addressed in bilateral air services agreements (ASAs), the 2019 European Union (EU)-Qatar Air Transport Agreement has its ambitions set high. By analysing the Agreement’s content as well as the relevant legal environments it will operate in, this article signals certain flaws in the Agreement’s enactment that may trump its functioning. In particular, it identifies that it is the lack of a culture of competition enforcement in the aviation sector on the part of the State of Qatar combined with a potential overly aggressive approach when it comes to the achievement of fair competition objectives on the part of the EU that could impede the Agreement’s future success.
bilateral air transport agreement, air law, European Union, Qatar, fair competition
Reduce, Reuse and Recycle: An Environmental Law Approach to Long-term Sustainability of Outer Space
Authors: Navalgund Rutwik 
Published: March 2022

The article conceptualizes the existing international environmental law principles to better understand their applicability to outer space. The article proposes utilizing existing international environmental legal principles to implement the idea of waste hierarchy concept of ‘Reduce, Reuse and Recycle’ to address issues concerning long-term sustainability of outer space. The primary focus is on issues pertaining to transfer of ownership, on-obit servicing, and active debris removal and how they can be used to achieve the sustainable development goals of outer space through the waste hierarchy concept. The article ultimately suggests that existing international environmental law and space law together can ensure an efficient framework to help cope with issues threatening the sustainable use of outer space. The article works towards understanding the importance of bridging the gaps in the existing international space law regime with respect to long-term sustainability of outer space.
Space Sustainability, Environmental Law, Transfer of Ownership, On-Orbit Servicing, Active Debris Removal
Certification Issues Revealed by the 737 Max Crisis: A Comparative Approach from a European Perspective
Authors: Correia Vincent 
Published: March 2022

Boeing faces an unprecedented crisis in its history, after the 737 Max aircraft have been grounded following two major crashes. Beyond the technical problems revealed during the investigations conducted after these accidents, it appeared that the certification process in place in the United States (US) suffered from several flaws which could have contributed to these disasters. As the US certification process served as a model in several countries and regions, it appears necessary to address the lessons that can be learned from the 737 MAX certification issues, not only in the US but also within the European Union (EU) as both systems hold many similarities. Most notably, the delegation of powers, or ‘privileges’, is now under scrutiny, while it has been the basis of a system relying on shared trust between the regulators and the manufacturers. The EU immediately took actions to change its certification process, and such a move is also expected in the United States. This can significantly increase the administrative burden on manufacturers, at a time when international competition is fiercer than ever.
Delegation, Type Certificate, Supervision, Pilot Training, Changed Product
Combating COVID-19: The Role of Space Law and Technology
Authors: Masson-Zwaan Tanja 
Published: March 2022

This article looks at the relevance of space law and technology, especially the use of satellites for Earth observation, navigation and communication, in the fight against Coronavirus Disease- 2019 (COVID-19). After an indication of what various international space law instruments say about the use of outer space in this context, it provides an overview of developments and initiatives in the context of the United Nations and other relevant international, regional and national organizations and institutions, as well as the private space sector. It will demonstrate that space law and technology can greatly contribute to the fight against a pandemic such as COVID-19, by applying the advanced technological capabilities of space applications in the spirit of the concepts prescribed by international space law, such as mutual assistance, international cooperation and the benefit of all countries.
history of outer space and pandemics, outer space and COVID-19, UNCOPUOS, UNSPIDER, Space4Health
COVID-19 and International Aircraft Financing Law
Authors: Hanley Donal 
Published: March 2022

As a result of the Coronavirus disease 2019 (COVID-19) coronavirus pandemic, and the consequent drastic limitations on, and reduction in demand for, air travel, many airlines are finding it difficult to pay rent to lessors on aircraft they lease or to repay financiers in respect of moneys to buy aircraft which they own. Airlines may be able to agree deferral or reduction in payment obligations, or even to any early return of the aircraft, but what legal recourse is there under international air law if agreement cannot be reached, and does it make sense to pursue it in the context of the pandemic?
Lease, Finance, Frustration, Force majeure, Cape Town Convention
Global Aviation Safety Oversight System: Challenges and Opportunities for ICAO and Its Member States
Authors: Batalov Alexander A. 
Published: March 2022

This article describes the main elements and examines the organizational, liability, regulatory and other issues of implementation and further development of the Global Aviation Safety Oversight System (GASOS). GASOS has been recently approved by the Council of the International Civil Aviation Organization (ICAO) and supported by the 40th Session of the ICAO Assembly in 2019. It represents a mechanism for assessment, recognition and monitoring of regional safety oversight organizations and regional accident and incident investigation organizations by ICAO.
Aviation safety, regional aviation organizations, accident investigation, safety oversight, ICAO, Global Aviation Safety Oversight System, recognition, assessment, monitoring, certification
Legal Aspects Concerning Space Traffic Management
Authors: Havlikova Katerina 
Published: March 2022

Recent developments in the aerospace sector combined with the increased involvement of commercial entities in space activities have shown that there is need to adopt some ‘rules of the road’ in outer space.
The aim of the paper is to elaborate on the possible paths leading towards the regulation of Space Traffic Management (STM) and elements of STM that should be addressed as part of a new regulatory regime governing space traffic.
Special attention will be given to a new possible mandate of the International Civil Aviation Organization, which appears to be well capacitated to carry out the tasks related to space safety, including STM, particularly with respect to regulation, oversight and implementation of STM.
Space Traffic Management, SSA, space debris mitigation, outer space
Empowering the UAE Space Sector Through an Attractive Regulatory Framework
Authors: Al Sharji Fatheya , Al Hosani Hamda , Al Rashedi Naser 
Published: March 2022

The United Arab Emirates (UAE) leadership has realized the increasing importance of space. Hence, it has been investing in space science and technology since the 90s, and has been able to develop a diverse space sector, and compete globally. Recognizing this importance, the UAE developed its legal framework to regulate the UAE space sector. This article will highlight the establishment and mandate of the UAE Space Agency (UAESA), the local and global growth of the space economy, the UAE’s regulatory approach, and the objectives of Federal LawNo. 12 of 2019 on the Regulation of the Space Sector (the UAE Law). It will address the UAE’s regulations regarding space activities and other activities related to the space sector, the initiatives to attract more space activities and investment, transparency and sustainability of space activities, the scope of the UAE law, and the scope of regulated activities and space-related activities. In addition, some fundamental topics covered by theUAE Law will be discussed, such as authorization, registration, third-party liability and insurance. Lastly, some new subjects covered by the law will be highlighted, like space debris mitigation, extraction and utilization of space resources, human spaceflight and tourism, and nuclear power sources.
the UAE Space Law, attractive regulations, space economy, UAESA, sustainable space activities
Back to the Moon and Beyond: Strengthening the Legal Framework for Protection of the Space Environment
Authors: Freeland Steven , Martin Anne-Sophie 
Published: March 2022

Since the launch of the first artificial satellite – Sputnik 1 – by the Soviet Union in 1957, and the landing of the first human on the Moon in 1969, astronauts and other spaceflight participants have travelled to the International Space Station, probes and rovers have explored the solar system and have landed on planets, comets and asteroids, and instruments, such as the Kepler Space Telescope, have discovered exoplanets. The next decade of space exploration will again take humans to the Moon, with the objective to go further towards Mars. New space activities are being developed by States and private entities that will involve space mining and human settlements on celestial bodies. These future space programmes will have to be conducted with caution in order not to unduly damage the unique and fragile space environment and to conduct space exploration in a sustainable way for present and future generations. In this context, this article examines the main provisions of the current international space legal framework applicable to the space environment. Since States are obligated to explore and use outer space in accordance with international law, we will assess which principles of international environmental law are possibly adaptable to space activities. We will also address the relevant international guidelines and policies in the field of planetary protection, in particular the Committee on Space Researchs (COSPAR’s) Planetary Protection Policy (PPP).
space exploration, planetary protection, environmental law, space law, policy
The Impact of the GDPR on the Unmanned Aircraft Sector
Authors: Konert Anna , Sakowska Baryla Marlena 
Published: March 2022

Video recording in real time or taking photographs while flying over private property pose a serious threat to privacy. Additionally, drones are capable of collecting personal data such as video and audio content, as well as location information. This article analyses the scope of application of Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (the General Data Protection Regulation, GDPR) in light of drone operations. Moreover, the paper aims to show the impact of the GDPR on the drone sector.
GDPR, Regulation 2016/679, drones, UAS, RPAS, Drone Operator as a Data Controller or a Data Processor
Liberalization of Foreign Ownership and Control Rules of Brazilian Airlines: An Analysis
Authors: Fenelon Jr Ricardo , Vilhena Isabella 
Published: March 2022

Despite the efforts of major intergovernmental organizations in the last decades, most notably the International Civil Aviation Organization (ICAO), restrictions on foreign ownership and control rules at national and international levels still hinder airlines from increasing their liquidity by negotiating equity interests with foreign investors. The relaxation of such restrictions is an important issue for airlines worldwide. This article seeks to explain how Brazil paved the way towards liberalization of foreign ownership and control of national airlines, which has resulted in the current rule, which allows any foreign investor to own up to one hundred percent of the shares of a Brazilian airline.
Brazilian airlines, foreign investment, nationality rule, ownership and control, air services agreements