Interakcja prawa europejskIego i prawa MIędzynarodowego w kontekścIe uregulowań przewozów MorskIch i lotniczych
Interaction of European law and International law in the context of the regulations of maritime and air transport

Summary/Abstract: The relationship between European and international law is not easy to define. In most controversial situations, the European Court of Justice is called to evaluate the legality of the act of EU law in the light of international law. There are not however many cases in the area of transport. This is why the present article bases itself on only two examples: case 308/06 regarding the validity of Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements and case C-366/10 regarding the validity of Directive 2008/101/EC include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community. The considerations of this article concern the criteria and premises that constitute the basis of the ECJ ’s evaluation of the legality of the EU legal act in light of international law.

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