Università Roma Tre

EU TRANSPORT LAW
7 ECTS
(Professor Vincenzo Zeno-Zencovich with Dr. Margherita Colangelo Ph.D.)

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
a) From monopoly in European air traffic to liberalization
b) Safety in the air and on ground
c) European agencies in the field of air transport
d) Airports and their management
e) The main competition issues:
- Mergers
- State aid
- Reservation systems
f) The EU system and the international regulation of air transport
g) Pending issues in the EU/USA relationship
As to rail transport the course will examine
a) The (very) slow process of liberalization in rail transport
b) Interoperability and safety
c) European Transport Networks
d) European Agencies in the field of rail transport
e) The main competition issues
- Ownership of tracks and stations
- State aid
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).


Assessment tools
Student evaluation will be based on class work and class participation (representing 10 points of the final grade), oral presentations given during the semester (representing 10 points of the final grade), and a final written exam (representing 10 points of the final grade). The final exam consists in two essay questions (selected by the student among a choice of five questions).

SLIDES AND MATERIALS WILL BE MADE AVAILABLE IN CLASS.

A SELECTION OF READINGS FROM VARIOUS SOURCES WILL BE USED, INCLUDING,

A. JONES – B. SUFRIN, EU COMPETITION LAW, OXFORD UNIVERSITY PRESS, 2011, “REFUSAL TO SUPPLY AND THE ‘ESSENTIAL FACILITIES’ CONCEPT”, PAGES 486-495;

FOR AIR TRANSPORT:
B.F. HAVEL, BEYOND OPEN SKIES. A NEW REGIME FOR INTERNATIONAL AVIATION, KLUWER LAW INTERNATIONAL, 2009, CH. 5, PAGES 381-516;

FOR RAIL TRANSPORT:
M. NEGENMAN, M. JASPERS, R. WEZENBEEK, J. STRAGIER, TRANSPORT, IN J. FAULL – A. NIKPAY, THE EC LAW OF COMPETITION, OXFORD UNIVERSITY PRESS, 2007, CH. 14, “INLAND TRANSPORT” AND “RAILWAY INFRASTRUCTURE”, PAGES 1622 –1643, 1646-1648.

PLUS SELECTED CASES AS LISTED IN THE SCHEDULE OF LESSONS.

SUPPORTING / RECOMMENDED COURSE READING MATERIALS:
D. GERADIN, TWENTY YEARS OF LIBERALIZATION OF NETWORK INDUSTRIES IN THE EUROPEAN UNION: WHERE DO WE GO NOW?, NOVEMBER 2006, AVAILABLE ON-LINE AT HTTP://SSRN.COM/ABSTRACT=946796

C.H. BOVIS, STATE AID AND EUROPEAN UNION TRANSPORT: A REFLECTION ON LAW, POLICY AND PRACTICE, (2005) 39:4 JOURNAL OF WORLD TRADE 587

OTHER SELECTED READINGS WILL BE RECOMMENDED DURING THE COURSE.

THE SUMMARY OF THE RELEVANT CASE LAW AND LEGISLATION ARE AVAILABLE ON-LINE IN THE RESERVED AREA OF THE DEPARTMENT WEBSITE.