Fall Semester (October 1 - December 21, 2018)
Course
European Union Transport Law 2018
Prof. Vincenzo Zeno-Zencovich
with
Prof. Margherita Colangelo
vincenzo.zenozencovich@uniroma3.it
Course description:
The course aims at introducing the EU policies in the field of transport and their intersections with many other relevant aspects: competition, environmental protection, consumer rights, external relations.
In particular the course will focus on two of the means of transport which have undergone – and are still undergoing – a considerable development in EU law: air transport and rail transport.
As to the first the course will examine
- From monopoly in European air traffic to liberalization
- Safety in the air and on ground
- European agencies in the field of air transport
- Airports and their management
- The main competition issues:
- Mergers
- State aid
- Reservation systems
- The EU system and the international regulation of air transport
- Pending issues in the EU/USA and in the EU/Far East relationship
As to rail transport the course will examine
- The (very) slow process of liberalization in rail transport
- Interoperability and safety
- European Transport Networks
- European Agencies in the field of rail transport
- The main competition issues
- Ownership of tracks and stations
- State aid
The course will also tackle the controversial issue of liberalization of port services.
In general, the course will take into account the growing expansion of consumer/user rights in the field of transport and their connection with the tourism sector (package tours, cruises, etc).
Objectives
The course aims at introducing student in an extremely important area of EU law with significant influences on a thriving economic activity, enhancing their ability to understand the general system of the European Union law and its implication on national systems.
Course Learning Activities
The course consists of lectures on the main subjects of EU transport law. During the course students will be asked to present to the rest of the class, in ppt, a series of important cases, mostly from the Court of Justice of the European Union.
Assessment tools
Student evaluation will be based on class work and class participation (representing 8 points of the final grade), oral presentations given during the semester (representing 8 points of the final grade), and a final written exam (representing 14 points of the final grade). The final exam consists in two essay questions (selected by the student among a choice of three questions).
Attendance policy
Class attendance is compulsory.
Course textbook:
M. Colangelo – V. Zeno-Zencovich, Introduction to European Union Transport Law (Second edition) 2016, RomaTrE-Press, Collana "Consumatori e Mercato", n. 2, available and downloadable at http://romatrepress.uniroma3.it/ojs/index.php/eutl/article/view/62/61
Fall 2018
Schedule of lessons
Wednesday – Thursday – Friday h. 2.15 pm - 4 pm
Classroom 5
| Class |
Topic |
| 1. Oct 3 |
EU transport policy – General issues |
| 2. Oct 4 |
Liberalization of network industries; regulation of services of general economic interest |
| 3. Oct 5 |
Basics of Competition Law; the essential facility doctrine |
| 4. Oct 10 |
The air transport sector; from the three aviation packages to Reg. 1008/2008/EC |
| 5. Oct 11 |
Reg. 1008/2008/EC; airport infrastructures and charges |
| 6. Oct 12 |
Airport infrastructures and charges |
| 7. Oct 17 |
Ground handling services |
| 8. Oct 18 |
Slot Allocation |
| 9. Oct 19 |
2011 Better Airports Package; competition issues: abuse of dominant position; other anticompetitive conducts |
| 10. Oct 24 |
Alliance agreements; code sharing; block exemptions |
| 11. Oct 25 |
Competition issues; computer reservation systems |
| 12. Oct 26 |
Mergers |
| 13. Oct. 31 |
Competition issues: State aids and public service obligations |
| 14. Nov 7 |
EU’s external aviation relations; Open Skies |
| 15. Nov 8 |
The railway sector – The railway packages |
| 16. Nov 9 |
The railway sector – The railway packages - The Single European Railway Area |
| 17. Nov 14 |
Unbundling in the railway sector; national experiences |
| 18. Nov 15 |
Competition issues: market definition; abuse of dominant position; agreements |
| 19. Nov 16 |
State aid |
| 20.Nov 21 |
Liberalization of port services |
| 21. Nov 22 |
Passengers’ rights - Package travel, package holidays and package tours |
| 22.Nov 23 |
Air passengers’ rights; compensation for denied boarding, cancellation or long delay of flights |
| 23.Nov 28 |
Montreal and Warsaw Conventions; liability in case of accidents; rights to information; quality of service |
| 24.Nov 29 |
Sea passengers; bus and coach passengers |
| 25.Nov 30 |
Rail passengers’ rights |
| 26. Dec 5 |
Safety and security in aviation and railway |
| 27. Dec 6 |
Unfair commercial practices; misleading and comparative advertising |
| 28. Dec 7 |
Uber |
| December 18 |
FINAL EXAM |