Competition Law in Tourism

254 COMPETITION LAW IN TOURISM Accordingly, we are going to focus on the field of air navigation and the activity of airlines regarding unfair practices that can be performed by third parties. In this sense, the Art. 1 of Regulation (EU) 2019/712 states the rules on the conduct of investigations by the Commission, as well as the adoption of redressive measures, in the case of using practices that distort competition between Union air carriers and third-country air carriers, or that cause or threaten to cause injury to Union air carriers. It is necessary to consider what is indicated in the Council Regulation (EEC) No 95/93, 18 January 1993, on common rules for the allocation of slots at Community airports30, whose Art. 12 indicates that: “Relations with third countries 1. Whenever it appears that, with respect to the allocation and use of slots at its airports, a third country: (a) does not grant Community air carriers treatment comparable to that granted by this Regulation to air carriers from that country, or (b) does not grant Community air carriers de facto national treatment, or (c) grants air carriers from other third countries more favourable treatment than Community air carriers, the Commission may, in accordance with the procedure referred to in Article 13(2), decide that a Member State or Member States shall take measures, including the suspension in whole or in part of the application of this Regulation in respect of an air carrier or air carriers of that third country with a view to remedying the discriminatory behaviour of the third country concerned. 2. Member States shall inform the Commission of any serious difficulties encountered, in law or in fact, by Community air carriers in obtaining slots at airports in third countries”. Moreover, Art. 20 of the Council Directive 96/67/EC, 15 October 1996, on access to the ground handling market at Community airports31 that expressly states: “Reciprocity 1. Without prejudice to the international commitments of the Community, 30 Official Journal of the European Union L 14/1, of 22 January 1993. Available in: https://eur-lex.europa.eu/ legal-content/EN/TXT/PDF/?uri=CELEX:31993R0095&qid=1560964696287&from=ES (Consulted on 19 June 2019). 31 Official Journal of the European Union L 272, of 25 October 1996. Available in: https://eur-lex.europa.eu/ legal-content/EN/TXT/PDF/?uri=CELEX:01996L0067-20031120&from=ES (Consulted on 19 June 2019).

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