Competition Law in Tourism

250 COMPETITION LAW IN TOURISM In its turn, the Chicago Convention also has some indications in its text referring to the rules of the air and to the rights of flight in non-regular services. However, it does not have regulations that represent a regulatory framework for competition between different airlines. In particular, in its Art. 44, it provided that the International Civil Aviation Organisation (ICAO) would aim to promote the development of international air transport to ensure that each State had the opportunity, in terms of equity, to operate international air transport companies and avoid discrimination between States. Nor do we find any indication by the World Trade Organisation (WTO), nor have the principles of fair competition been defined by specific unilateral norms, nor is it available in the General Agreement on Trade in Services (GATS)13 of 1995, since its annex excludes air transport services. This regulation is complemented by the following Community regulations: a) Regulation (EC) No. 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) (Text with EEA relevance)14; b) Commission Regulation (EU) No 1191/2010 of 16 December 2010 amending Regulation (EC) No 1794/2006 laying down a common charging scheme for air navigation services (Text with EEA relevance)15; c) Regulations Commission implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (Text with EEA relevance)16; d) Commission Implementing Regulation (EU) No 391/2013 of 3 May 2013, laying down a common charging scheme for air navigation services (Text with EEA relevance)17; and 13 Available in: https://www.wto.org/english/docs_e/legal_e/26-gats.pdf (Consulted on 20 June 2019). 14 Official Journal of the European Union L 96/10, of 31 March 2004. Available in: https://eur-lex.europa.eu/ legal-content/EN/TXT/PDF/?uri=CELEX:32004R0550&from=ES (Consulted on 20 June 2019). 15 Official Journal of the European Union L 333/6, of 17 December 2010. Available in: https://eur-lex.europa. eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010R1191&from=ES (Consulted on 20 June 2019). 16 Official Journal of the European Union L 281/1, of 13 October 2012. Available in: https://eur-lex.europa. eu/legal-content/EN/TXT/PDF/?uri=CELEX:32012R0923&from=ES (Consulted on 20 June 2019). 17 Official Journal of the European Union L 128/31, of 0 May 2013. Available in: https://eur-lex.europa.eu/ legal-content/EN/TXT/PDF/?uri=CELEX:32013R0391&from=ES (Consulted on 20 June 2019).

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