Harmonization of market entry regulation for the operation of air services in the European Union: A comparative survey of the implementation of Regulation (EC) no. 1008/2008 by Member States' authorities

This paper assesses the implications of Reg. (EC) no. 1008/2008 that confirmed the operating license granting as a persistent form of entry regulation in the EU air transport market. It finds that the actions of Member States' aviation authorities regarding assessment of air carriers' financial stability are not uniform in terms of data and information collected, the methods and tools adopted, and the indicators monitored. The heterogeneous implementation of the 2008 regulation by Member States' aviation authorities results in imposing unequal obligations on undertakings with equal rights to operate in the European market for air services.

► Reg. 1008/2008 did not harmonize the entry regulation in the EU air transport market.
► The assessment of carriers' financial fitness by national authorities is not uniform.
► The implementation of Reg. 1008/2008 imposes uneven obligations on European carriers.
► The EU fell short of creating a level playing field for air carriers.