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Contents
- Preliminary Material
- Foreword
- Table of Contents
- List of Abbreviations
- Table of Cases
- Table of EU Legislation
- Table of Conventions and Agreements
- Table of National Legislation
- List of Contributors
- Main Text
- Part I Introduction
- 1 EU Transport and EU Transport Policy
- (I) Introduction
- (II) Transport Activity
- (III) The Policy
- (IV) The Market: Liberalization and Rule Harmonization in the Different Modes
- (V) Network Integration
- (VI) Urban Transport
- (VII) Research and Innovation
- (VIII) The Social Dimension of Transport
- (IX) Protecting the User
- (X) The International Dimension
- (XI) Some Final Reflections on the Dynamics of Market Opening and Network Integration
- 1 EU Transport and EU Transport Policy
- Part II Common Issues
- 2 Regulation and Competition
- 3 EU Environmental Transport Policy and Legal Instruments
- (I) The Environmental Challenges of Transport Policy
- (II) Standard Setting to Trigger the Cleanest Technologies
- (III) Market-Based Measures: Integrating Transport into the Emissions Trading System
- (IV) Organizing the Interaction between National and EU Policies
- (V) Achieving a Modal Shift
- (VI) Conclusion: From Technical Lorry Standards to a Comprehensive Environmental Transport Policy
- 4 Passengers’ Rights in the European Union
- 5 European Union Competition Law: Some Key Concepts
- (I) Introduction: Market Power and Market Definition—Competition Between Modes of Transport
- (II) Antitrust Rules and Policy in the Transport Sector
- (III) Merger Control
- (IV) State Aid and State intervention
- Part III Inland Transport
- 6 Road Transport (I): Market Access
- 7 Road Transport (II): Harmonization, External Relations, and Services not Covered by Secondary Legislation
- 8 Road Transport: Competition
- (I) Introduction
- (II) Market Definition
- (III) Antitrust Rules
- (IV) Merger Control
- (V) State Aid
- (A) Legal basis
- (B) State aid for public services and for the coordination of transport (Article 93 TFEU)
- 9 Railway Transport (I): Liberalization and Regulation
- (I) Main Objectives of EU Railway Policy and First Liberalization Initiatives
- (II) The First Railway Package of 2001
- (III) Independence of Essential Functions of an Infrastructure Manager: The Holding Issue
- (IV) The Definition of the Essential Functions
- (V) The Establishment of Regulatory Bodies for the Railway Sector
- (VI) The Rules on Track Access Charging in the First Railway Package
- (VII) The Obligation of Member States to Ensure the Balance of Accounts of Infrastructure Managers
- (VIII) Further Rules in the Recast for the Strengthening of the Financial Position of Infrastructure Managers
- (IX) Safety and Interoperability
- 10 Railway Transport (II) Competition
- 11 Inland Waterways
- (I) Liberalization and Regulation
- (II) Competition
- Part IV Maritime Transport
- 12 Liberalization and Regulation
- 12.01
- 12.02
- (I) Internal Market and Short Sea Shipping
- (II) Technical Issues
- (III) Relations with Third Countries
- 13 Competition (I): Market Definition and Antitrust Rules
- (I) Introduction
- (II) Market Definition
- (III) Antitrust Rules
- (A) Introduction: Regulation 4056/86, first regulation implementing EU antitrust rules in maritime transport
- (B) Agreements and concerted practices
- (C) Unilateral conduct: abuse of a (collective) dominant position
- (IV) The Block Exemption for Liner Shipping Consortia
- 14 Competition (II) Merger Control and State Aid
- 14.01
- 14.02
- (I) Merger Control
- (A) Overview
- (B) Relevant cases
- 1 Cruises
- 2 Container shipping
- (a) P&O/Nedlloyd
- (b) GE Capital/Sea Containers
- (c) Maersk/Safmarine
- (d) Maersk/Sea-land
- (e) Wallenius Lines AB/Wilhelmsen ASA/Hyundai Merchant Marine
- (f) P&O/Royal Nedlloyd/P&O Nedlloyd
- (g) ECT/PONL/Euromax
- (h) MAERSK/PONL
- (i) TUI/CP Ships
- (j) CMA CGM/Delmas
- (k) Kühne/HGV/TUI/Hapag-Lloyd
- (l) DFDS/Norfolk
- (m) CSVA/HGV/Kühne Maritime/Hapag-Lloyd AG
- (n) CMA CGM/NOL
- 3 Bulk shipping
- 4 Short sea shipping
- (C) Remedies
- (II) State Aid
- 12 Liberalization and Regulation
- Part V Air Transport
- 15 Liberalization and Regulation
- (I) Introduction: Some History
- (II) The Recast: The Air Services Regulation
- (III) Regulation 80/2009 on a Code of Conduct for Computerized Reservation Systems
- (IV) External Relations
- (V) Safety and Security
- 16 Competition (I): Market Definition and Antitrust Rules
- (I) Introduction
- (II) Market Definition
- (III) Antitrust Rules
- (A) Agreements and concerted practices
- (1) Air freight cartel
- 2 Freight forwarding cartel
- 3 SAS/Maersk market sharing
- 4 Investigations into code sharing
- (B) Unilateral conduct: abuse of a dominant position
- (C) Consolidation: revenue-sharing joint ventures
- 1 Introduction
- 2 The application of Article 101(1) TFEU
- 3 The application of Article 101(3) TFEU
- 4 Remedies
- (A) Agreements and concerted practices
- 17 Competition (II): Mergers and State Aid
- 15 Liberalization and Regulation
- Part VI Transport Infrastructures
- 18 Airports (I): Liberalization and Regulation
- (I) Introduction: Scope
- (II) Airport Slots
- 18.06
- 18.07
- (A) The designation of coordinated and schedules facilitated airports
- (B) The slot coordinator
- (C) The definition of the airport slot
- (D) The slot-allocation process
- (III) Airport Charges
- (IV) Ground Handling
- (A) Introduction to the ground-handling market
- (B) The Directive (scope of application and transposition into national law)
- (C) Main principles (liberalization, freedom to self-handle, and freedom of third-party handling)
- (D) Withdrawn (amended) Proposal
- (E) The Directive
- (F) Conclusions
- 19 Airports (II): Competition
- (I) Introduction
- (II) Market Definition
- (III) Antitrust Rules
- 19.13
- (A) Airport charges
- 19.14
- 19.15
- 19.16
- 1 Commission decisions finding infringements
- 2 Rejections of complaints
- (B) Ground handling
- (IV) Merger Control
- (V) State Aid and Airports
- 20 The Single European Sky: EU Reform of Air Traffic Management
- (I) Introduction
- (II) ATM
- (III) Single European Sky: Working Methods
- (IV) Eurocontrol
- (V) The Position of the Military
- (VI) Defragmenting European Airspace and the Consolidation of Air Navigation Services
- (VII) Charging
- (VIII) Modernization of ATM Systems in the Single European Sky
- (IX) Safety
- (X) Future Perspectives
- 21 Sea and Inland Ports
- (I) Liberalization and Regulation
- (II) Competition
- (A) Introduction
- (B) Market definition
- (C) Antitrust rules
- (D) Merger control
- (E) State aid
- 21.96
- 21.97
- 1 Financing of ports as State aid
- 2 Compatibility of State financing of ports as a compensation for a service of general economic interest
- 3 Block-exemption of State financing of ports on the basis of the General Block Exemption Regulation
- 4 Compatibility of State financing of ports on the basis of Article 107(3) (c) TFEU
- 5 Compatibility of State financing of port suprastructure on the basis of Article 107(3)(b) TFEU
- 6 Compatibility of State financing of port suprastructure on the basis of Article 107(3) (c) TFEU and the 2004 Maritime Guidelines
- 7 Compatibility of State financing of port suprastructure on the basis of Article 107(3) (c) TFEU and the 2004 Maritime Guidelines
- 8 Inland waterway ports
- 22 The Trans-European Transport Network (TEN-T)
- 22.01
- (I) Development of the Trans-European Network in Transport
- (II) Defining the Trans-European Network: The TEN-T Guidelines
- 22.14
- 22.15
- 22.16
- 22.17
- 22.18
- 22.19
- (A) The definition and the requirements for projects of common interest
- (B) The implementation of the core TEN-T network through core network corridors
- (C) The extension of the TEN-T to the European Economic Area and neighbouring countries
- (D) The role of the different actors for the implementation of the TEN-T
- (III) Funding Programmes for TEN-T
- 22.28
- 22.29
- 22.30
- (A) The Connecting Europe Facility (CEF)
- 1 The decision-making process
- 2 The work programmes
- 3 Eligible actions
- 4 Forms of financial assistance and procedures for decision making
- 22.50
- 22.51
- (a) Grants
- Eligible cost
- The process of decision making
- Eligible applicants
- The selection and award criteria
- The proposals selected for receiving EU financial assistance
- (b) Procurement
- (c) Financial instruments
- Financial instruments developed until 2013
- The CEF equity and debt instruments
- Ex ante assessment
- The financial institutions involved in the implementation
- (B) The European Structural and Investment Funds (ESIF)
- (C) The European Fund for Strategic Investments (EFSI)
- (D) Horizon 2020 Programme
- (E) European Neighbourhood Instrument (ENI)
- (F) Instrument for Pre-Accession (IPA II)
- (IV) Competition Law Aspects
- (V) Conclusion
- 18 Airports (I): Liberalization and Regulation
- Part I Introduction
- Further Material