German airport regulation: Framework agreements, civil law and the EU Directive

Abstract

Commentators have argued that German airport regulation lacks independence and an economic focus. They have recommended UK-style price control. However, framework agreements and civil law cases deserve more consideration than they have hitherto received. The problematic process of setting price caps has led to constructive engagement in the UK and light-handed regulation in Australia, which deserve consideration in Germany. The recent EU Directive emphasising the process of consultation and agreement between airports and airlines could be a step forward if it introduces properly independent dispute resolution.