Abstract
Taking into account that several plans related to sub-orbital space tourism exist within European Union (EU) Member States, the article outlines the European Space Agency’s (ESA) position about this activity and how that may influence the way space tourism will be treated under EU law. The extent of the competence and legislative powers of the EU under the Lisbon Treaty will be addressed according to three scenarios, that is, treating sub-orbital space tourism as tourism, as aviation or as space activity under the Treaty. Observing that sub-orbital space tourism will probably be regarded as aviation within the EU context, the possible involvement of the European Aviation Safety Agency (EASA) will then be discussed.
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