Fall Semester (October 1 - December 18, 2020)
Course
European Union Transport Law 2020
Prof. Vincenzo Zeno-Zencovich
with
Prof. Margherita Colangelo
7 CFUs - ECTS
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 issues of liberalization of port services and those of local transport (in particular UBER).
The last module of the course will be devoted to the growing expansion of consumer/user rights in the field of transport and their connection with the tourism sector (package tours, cruises, etc).
The course will also take into account the present disruptions in transport services due to the Covid-19 pandemic.
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, oral presentations given during the semester, and a final written exam. The final exam consists in two essay questions (selected by the student among a choice of three questions).
Attendance policy
Fall 2020
Schedule of lessons (lessons will start on Wednesday, October 7th, 2020):
Wednesdays from 12 am to 1.45 pm
Thursdays and Fridays from 2.15 pm -4 pm
Owing to the present health restrictions lessons will be held online on the Zoom platform. The teachers will provide registered students with codes for access.
| Class |
Topic |
| 1. Oct 7 |
EU transport policy – General issues |
| 2. Oct 8 |
Liberalization of network industries; regulation of services of general economic interest |
| 3. Oct 9 |
Basics of Competition Law; the essential facility doctrine |
| 4. Oct 14 |
The air transport sector; from the three aviation packages to Reg. 1008/2008/EC |
| 5. Oct 15 |
Reg. 1008/2008/EC; airport infrastructures and charges |
| 6. Oct 16 |
Airport infrastructures and charges |
| 7. Oct 21 |
Ground handling services |
| 8. Oct 22 |
Slot Allocation |
| 9. Oct 23 |
2011 Better Airports Package; competition issues: abuse of dominant position; other anticompetitive conducts |
| 10. Oct 28 |
Alliance agreements; code sharing; block exemptions |
| 11. Oct 29 |
Competition issues; computer reservation systems |
| 12. Oct 30 |
Mergers |
| 13.Nov. 4 |
Competition issues: State aids and public service obligations |
| 14. Nov 5 |
EU’s external aviation relations; Open Skies |
| 15. Nov 6 |
The European Aviation Safety Agency |
| 16. Nov 11 |
The railway sector – The railway packages |
| 17. Nov 12 |
The railway sector – The railway packages - The Single European Railway Area |
| 18. Nov 13 |
Unbundling in the railway sector; national experiences |
| 19. Nov 18 |
Competition issues: market definition; abuse of dominant position; agreements |
| 20. Nov 19 |
State aid |
| 21.Nov 20 |
Liberalization of port services |
| 22. Nov 25 |
Local transport. UBER |
| 23. Nov 26 |
Passengers’ rights - Package travel, package holidays and package tours |
| 24.Nov 27 |
Air passengers’ rights; compensation for denied boarding, cancellation or long delay of flights |
| 25.Dec 2 |
Montreal and Warsaw Conventions; liability in case of accidents; rights to information; quality of service |
| 26. Dec 3 |
Sea passengers; bus and coach passengers |
| 27. Dec 4 |
Rail passengers’ rights |
| 28. Dec 9 |
Safety and security in aviation and railway |
| 29. Dec 10 |
Unfair commercial practices; misleading and comparative advertising |
| December 17 |
FINAL WRITTEN EXAM |