Competition Law in Tourism

PRACTICES DISTORTING COMPETITION AND REDRESSIVE MEASURES 249 and amending Royal Decree 57/2002 of 18 January 2002 approving the Air Traffic Regulation8; and d) Royal Decree 1180/2018, of 21 September, which develops the Air Regulations and common operational provisions for air navigation services and procedures and amending Royal Decree 57/2002 (…); Royal Decree of 14 May, which approved the technical regulations for the design and operation of public-use aerodromes and regulated the certification of aerodromes under the Government’s oversight; the Royal Decree of 23 July, by which it is regulated the procedure for the certification of air navigation service providers and their regulatory oversight; and the Regulation on Operational Air Traffic approved by the Royal Decree 601/2016, of 2 December9. According to Art. 11 of Law on Air Navigation, “aircraft” is any construction suitable for the transport of persons or objects, capable of moving in the atmosphere thanks to the reactions of the air, whether it is lighter than the latter and whether it has power-driven organs. It is, all in all, its ability to stay in the air, what differentiates it from rockets or spaceships, which move through extraterrestrial space, and other means of transport such as land, water or river10. It is associated with the idea of aerodynamics and airlift indicated by the Convention Relating to the Regulation of Aerial Navigation, signed in Paris, on 13October 1919, also known as Paris Convention of 191911, and the Convention on International Civil Aviation, signed in Chicago, on 7 December 1944, also known as the Chicago Convention12. The Paris Convention had already some restriction regarding air transport. In its Art. 16, it indicates that each contracting State shall have the right to establish reservations and restrictions in favour of its national aircraft, in connection with the carriage of persons and goods for hire, between two points on its territory. Such reservations and restrictions shall be published and communicated to the International Commission for Air Navigation, who shall notify them to the other contracting States. 8 BOE no. 159, 1 July 2014. 9 BOE no. 272, 10 November 2018. 10 See more widely: RAMÓN FERNÁNDEZ, F. Derecho Espacial. Teoría y Prácticas, Valencia, Tirant lo Blanch, 2017, pp. 77 & ff. 11 Available in: https://www.boe.es/datos/pdfs/BOE//1934/326/A01450-01473.pdf (Consulted on 19 June 2019). 12 Available in: https://www.icao.int/publications/Documents/7300_cons.pdf (Consulted on 19 June 2019).

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