81804 - European Transport Law

Learning outcomes

The aim of the course is to provide students with an in-depth and critical knowledge of European transport law. In order to analyse the matter also under a practical perspective, an important part of the course will be devoted to the analysis of the relevant European case-law in the transport sector. The examination of case law will include not only specific European Transport law issues, but also competition matters such as state aid and abuse of dominant position with reference to aviation and shipping sectors.

Course contents

The Course aims to analyze the European legislation, which regulates the access to transport services and related infrastructures.

In particular, the Course will introduce the EU policies and guidelines in the field of transport and their intersections with many other relevant aspects, such as competition and consumer/user rights.

Course programme

1. Air services (Air services in Europe, bilateral agreement with non-EU Countries; Regulation 1008/2008/EC: common rules for air services operations in the Community; Air Passengers’ rights: the 1999 Montreal Convention; Compensation for denied boarding, cancellation or long delay of flights, Regulation 261/2004/EC; Single European Sky; Competition issues; Aviation Product liability; Aviation Insurance issues and cyber risk; Towards a new legislation on civil drones).

2. Transport infrastructures (Airport definition; Airports management system; Ground-handling services; Essential facilities doctrine; Ports and port services).

3. Maritime services (Maritime services in Europe; Marine Insurance: the basic principles of insurance law and the case law governing the shipping industry. The clauses commonly used in the London Market including Hull, Cargo, Liability).

4. Road services (Regulatory framework; Conditions and requirements for the provision of road services).

5. Financial public support for transport services and competition issues (State aid; Public Service Obligations; Abuse of dominant position).

Readings/Bibliography

Lessons will be based primarily on a set of university lectures, reviews and articles that will be distributed during lessons.

Further recommended reading "The Aviation & Space Journal", provides updates on recent legislation and jurisprudence at a national, European and International. ("The Aviation & Space Journal", PDF file available at the following website: www.aviationspacejournal.com).

The Journal, edited by the Professor, and its website offer information regarding conferences meetings and other events in the aviation sector.

The students could publish articles on the Journal subject to the evaluation of the ASJ Board.

Teaching methods

The teaching methods will be based on frontal lessons.

The lectures are interactive and students are expected to participate in the discussions.

The course provides also for seminars and conferences on Aviation, Maritime Law and CMR matters held by specialist lawyers, to study in depth the current issues on European Transport Law together with a concrete and practical approach.

Students could evaluate with the Professor the possibility to participate to Moot Courts organized by the Sarin Memorial Legal Aid Foundation from India and the International Institute of Air and Space Law of Leiden University in the Netherlands (www.iiasl.aero).

Course materials may be founded also on-line on AlmaDL web portal, periodically updated.

THESIS

The attendance at classes is required in order to present thesis in European Transport Law.

Assessment methods

Oral exams will be held for each academic year and will be based of three questions per candidate. Students attending at least 50% of the lessons will be questioned on TWO subjects (out of THREE questions) relating to the following arguments:

1. Air Services in EU and bilateral air service agreements with non-EU Countries;

2. Air carrier liability-the 1999 Montreal Convention;

3. Marine insurance;

4. Road Services.

Teaching tools

Video projector, overhead projection, slides, PC.

Office hours

See the website of Anna Masutti