Transport

Abstract

AbstractThis chapter explores the complexities of the transport sector and the way it has been influenced by recent legislative developments on Services of General Economic Interest (SGEI). Starting on the different legal bases, the authors examine Article 93 TFEU which applies to land transport and Article 106 TFEU which applies to air and maritime transport. It is argued that Article 93 TFEU takes a more permissible view on State aid. Given the diversity of legal bases in the transport sector, the remainder of the chapter is divided between an initial discussion on the applicable rules and case law in land transport and, lastly, air and maritime transport. With regard to land transport, it is argued that while the Commission is restricted by Articles 93, 91 and 109 TFEU, there are indications that the Commission has started taking a more assertive role here. This part of the chapter focuses on the applicable secondary legislation, including the new de minimis Regulation which exempts small local transport undertakings from notification under certain circumstances. The last part of the chapter examines air and maritime transport with particular focus on the new SGEI Decision which has lowered the notification thresholds and this is felt particularly with regard to airports. The new SGEI Framework applies, other than the 2005 framework, to air and maritime transport. The possible effects of the new rules are assessed on the basis of available figures from the transport sector as well as Commission Decisions and case law.KeywordsTransport SectorCommission DecisionMaritime TransportLand TransportGeneral Economic InterestThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.