Subsydiowanie konstrukcji i modernizacji portów lotniczych jako wsparcie dla przewoźników – analiza możliwości prawnomiędzynarodowej kontroli
Subsidizing the Construction and Modernization of Airports as an Aid to Airlines – Feasibility Analysis of Control in International Law

Summary/Abstract: The issue of subsidies control in the global air transport market is a controversial one. In order to regulate this sphere, both political consensus of the States involved as well as an effective enforcement mechanism is required. One may even say that the very nature of public international law precludes the introduction of sufficiently effective measures that would prevent competition distortion as a result of subsidization. Public financing of airport infrastructure, which could be considered as granting undue advantage to airlines operating from that hub, serves as a prime example of the above challenges. This paper provides a feasibility analysis of the introduction of a system of international control of indirect subsidies – measures where the recipient is not the sole beneficiary of the aid. The analysis is conducted through the lens of the European concept of State Aid, as introduced in the international agreements between the EU and non-member States.

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