Roma, Universitá LUISS Guido Carli5 Iuglio 2012 Il mercato del trasporto aereo in Italia Quali prospettive?
Overview • Market conditions • Competition • The Italian perspective • Conclusion Mercato del trasporto aereo
Overview • 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 Mercato del trasporto aereo
Market conditions - entry • 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!) Mercato del trasporto aereo
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 Mercato del trasporto aereo
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. Mercato del trasporto aereo
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! Mercato del trasporto aereo
Thank you! Mercato del trasporto aereo