EU ANTITRUST: HOT TOPICS & NEXT STEPS

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

Prague, Czechia

Services Regulation explicitly entitles the Member States to regulate operation of services also in case of extraordinary circumstances by way of imposing a PSO using the emergency procedure or by applying emergency measures, their scope is very limited and in case of long-lasting extraordinary circumstances such as the current COVID-19 pandemic, almost inapplicable. Thus, it should be considered granting to the Member States a broader entitlement to entrust air carriers with PSO in case of extraordinary circumstances such as the current COVID-19 pandemic. Such new entitlement could be applied in cases of long-lasting extraordinary circumstances which could severally affect operation of air services in the EU. Whether such approach, which may be deemed a “step back” from the perspective of a liberalized market, would be acceptable is a though question that should be duly evaluated and discussed elsewhere. References [1] ČTK (2021). Soud povolil reorganizaci zadlužených ČSA, plán mají sestavit Smartwings [online]. [cit. 2021-12-13]. Available at: Soud povolil reorganizaci zadlužených ČSA, plán mají sestavit Smartwings | ČeskéNoviny.cz (ceskenoviny.cz) [2] Commission Notice. Interpretative Guidelines on Regulation (EC) No 1008/2008 of the European Parliament and of the Council – Public Service Obligations (PSO). OJ C 194, 17 June 2017, pp. 1–28. [3] Commission Staff Working Document. Guide to the application of the European Union rules on state aid, public procurement and the internal market to services of general economic interest, and in particular to social services of general interest. 29 April 2013. SWD(2013) 53 final/2. [4] Commission Staff Working Paper. The Application of EU State Aid rules on Services of General Economic Interest since 2005 and the Outcome of the Public Consulta tion. 23 March 2011. SEC(2011) 397 . [5] Communication from the Commission on the application of the European Union State aid rules to compensation granted for the provision of services of general eco nomic interest. OJ C 8, 11 January 2012, pp. 4–14. [6] Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Accompanying the Communication on “A single market for 21st century Europe” Services of general interest, including social services of general interest: a new Europe an commitment. 20 November 2007. COM(2007) 724 final . [7] Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Re form of the EU State Aid Rules on Services of General Economic Interest. 23 March 2011. COM(2011) 146 final.

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