Il mercato del trasporto aereo in Italia
Quali prospettive?
Roma, Universitá LUISS Guido Carli
5 Iuglio 2012
Overview
I.
II.
III.
IV.
Market conditions
Competition
The Italian perspective
Conclusion
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Overview
I.
Market conditions, regulated by EC Regulation 1008/2008 – but
is there an internal market with a level playing field?
A. Market entry
•
Conditions for establishment – dependant on national law:
differences between EU States (corporate law)
•
Application of labour (cf. Ryanair case in Marseille) and tax
measures, incl. air passengers taxes (cf. Germany and the UK)
•
Airport charges – harmonised but not unified
•
Slot allocation – see LHR and other airports; slot trading;
B. Market behaviour
•
Competition rules
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Market conditions - entry
I.
Market conditions, regulated by EC Regulation 1008/2008 –
but is there an internal market with a level playing field?
A. Market entry
•
Infrastructure – noise rules are still national/local; availability
and modernisation is national policy
•
Conditions for establishment – dependant on national law:
differences between EU States (corporate law)
•
Application of labour (cf. Ryanair case in Marseille) and tax
measures, incl. air passengers taxes (cf. Germany and the UK)
•
Airport charges – harmonised but not unified
•
Traffic distribution rules (conurbations: Milan; Rome)
•
Slot allocation – see LHR and other airports; slot trading;
•
For ex-EU services: allocation of traffic rights; with again, two
problems: establishment and allocation criteria → hardly any
use of freedom establishment (AZ does not fly FRA-NYC!)
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Market conditions – market behaviour
II. Market behaviour – regulated by competition rules of the EU
(Articles 100 ff. of the EU Treaty; no exceptions for air transport)
•
•
•
Supra national regulation and enforcement – but see: AF/KL
and BA/IB (approved) v. Ryanair/Aer Lingus and Olympic
Air/Aegean Airlines (prohibited) decisions: based on different
perceptions of the relevant markets (domestic/EU/global)
Issues regulated by Reg. 1008/2008: PSO; information on
pricing; leasing conditions (e.g., what are “ exceptional needs”?)
→ differences re enforcement in EU States
‘Side’ issues: enforcement of passenger protection including
remedies and procedures (‘261’), and of EU ETS (e.g., UK:
detention rights), liable to lead to non-equal treatment of EU
and non-EU airlines, depending on the enforcement measures
imposed by the administering EU State
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Market exit and airport policy
III. Market exit– regulated by competition rules of the EU (Articles 100
ff. of the EU Treaty; limited exceptions for air transport, and,
especially, national regulations)
•
State aid: see protracted procedures around Olympic and AZ
•
And: market exit rules and procedures differ from one EU State
to another: bankruptcy protection; national policies
IV: New subject: The role of airports in the air transport market
•
Are they undertakings? Yes (says the CJEU)
•
Application of state aid rules to airports as undertakings – see
cases in Germany, Austria, France and Spain (role Ryanair)
•
Competition between airports? Yes, see Italy – but no cases yet
on EU level – belongs to ‘national domain’
•
Limited harmonisation through EU law and policy – see new
airport package (2011)
•
See also previous points illustrating differentiations in EU
States: grant of traffic rights; slot allocation; noise; charges etc.
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Conclusions
IV. Conclusions
•
•
•
•
Harmonised but not unified conditions drawn up on EU level
Domestic and local variations complicate the maintenance of a
level playing field, within an EU State (choice between carriers
and goals of airport or airline policies) or on the EU level; EU
Commission takes care (or should take care) of level playing
field on a global level
Situation in Italy is a complex one: ailing ‘flag’ carrier; many
airports in densely populated areas – competition between
airlines and airports; employment factor; environmental
conditions; availability of State resources etc.
Policy and law go hand in hand and should complement each
other; governments must draw up a Road map indicating
direction and choices on a short, medium, and long term
planning, taking into account the interests of all stakeholders
(airlines, airports, ground handles etc.) in a holistic approach
Roma locuta, causa finita ciao da Roma!
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Thank you!
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