The European Commission said it initiated infringement procedures against Belgium, Denmark, Italy, Luxembourg, the Netherlands, Sweden and the UK regarding their bilateral air service agreements with Russia. The EC cited the fact that the accords do not include the EU designation clause. It also is concerned about provisions related to Siberian overflights.
The seven EU member states were sent a letter of formal notice, which is the initial step of the EC’s infringement process. The states have two months to reply. The process can potentially lead to a legal proceeding at the EU Court of Justice.
Similar letters of formal notice were sent in October to Austria, Finland, France and Germany (ATW Daily News, Oct. 29, 2010 [2]) and the EC is “actively” assessing the compliance with EU law of the remaining member states' bilateral ASAs with Russia.
“Russia is one of the few countries in the world that fails to recognize that all EU carriers must be treated equally, and that the terms of any bilateral agreement must include an EU designation clause and apply to all,” the EC said, noting that this lack creates “serious practical” problems putting at risk traffic rights, for example, for airlines taken over by a carrier from another EU member state. In 2009, Russia threatened to withdraw Austrian Airlines’ and bmi, British Midland’s traffic rights to the country following their full acquisition by Lufthansa Group.
Regarding the obligation of the designated EU airlines to pay Siberian overflight charges for routes to Asian destinations, the EC reiterated it is “concerned that this is in breach of EU antitrust law whereby airlines should not be forced into concluding a commercial agreement with a direct competitor.” In addition, the EC alleged it is in breach of the Chicago Convention. The EC estimated that the seven EU carriers paid around $420 million in charges—most of it directly to Aeroflot—in 2008.
Fonte ATW online
The seven EU member states were sent a letter of formal notice, which is the initial step of the EC’s infringement process. The states have two months to reply. The process can potentially lead to a legal proceeding at the EU Court of Justice.
Similar letters of formal notice were sent in October to Austria, Finland, France and Germany (ATW Daily News, Oct. 29, 2010 [2]) and the EC is “actively” assessing the compliance with EU law of the remaining member states' bilateral ASAs with Russia.
“Russia is one of the few countries in the world that fails to recognize that all EU carriers must be treated equally, and that the terms of any bilateral agreement must include an EU designation clause and apply to all,” the EC said, noting that this lack creates “serious practical” problems putting at risk traffic rights, for example, for airlines taken over by a carrier from another EU member state. In 2009, Russia threatened to withdraw Austrian Airlines’ and bmi, British Midland’s traffic rights to the country following their full acquisition by Lufthansa Group.
Regarding the obligation of the designated EU airlines to pay Siberian overflight charges for routes to Asian destinations, the EC reiterated it is “concerned that this is in breach of EU antitrust law whereby airlines should not be forced into concluding a commercial agreement with a direct competitor.” In addition, the EC alleged it is in breach of the Chicago Convention. The EC estimated that the seven EU carriers paid around $420 million in charges—most of it directly to Aeroflot—in 2008.
Fonte ATW online