The Single European Sky: What about the Liability Aspect?

Abstract

Following the liberation of European air transport in the 1990s, the Union has tried to implement dramatic changes by enacting the Single European Sky (SES) Regulations. The cornerstone idea of the SES Regulations is to create so-called Functional Airspace Blocks or FABs. These FABs will normally satisfy the growing capacity requirements of all airspace users and minimize delays by managing air traffic more dynamically. This will have as immediate consequences an increase in efficiency. This article will examine each of the Treaties establishing the FABs in detail with regard to the liability aspect only and, while acknowledging their advantages, it will point out the differences in the protection they offer and the consequences the author sees happening. This article will also suggest several improvements. The primary focus of the article is the liability aspect in the FAB Treaties, but references to agreements between air navigation service providers (ANSPs) will also be included. Through showing the advantages of the proposal, this article highlights the hypothesis that the SES will not bring any changes to the current liability framework; to the contrary, it will further blur the general picture by adding a layer of fragmentation.