Transcript Peter_Tannhauser561 KB

Air Navigation Services Providers and
Airports Liability – Panel III
Air Navigation Service Provision by an
Intergovernmental Organisation
EUROCONTROL
Peter Tannhäuser
Head of Legal Service
EUROCONTROL
24 October 2014
EUROCONTROL Member States
EUROCONTROL & EU
EUROCONTROL but not EU
Estonia expected to join
Jan 2015
International Air Law Conference – 85th Anniversary Warsaw Convention
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EUROCONTROL Convention
European Organisation for the Safety of Air Navigation
 EUROCONTROL Convention
•
13 December 1960
 Amended Convention
• Protocol 12 February 1981
 Revised Convention
• Protocol of 27 June 1997
Ÿ Not yet in force – however, early implementation of certain provisions of the
revised Convention
International Air Law Conference – 85th Anniversary Warsaw Convention
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EUROCONTROL Convention 1960
 Article 14 of the International Convention relating to cooperation for the safety of air navigation
“EUROCONTROL” of 13 December 1960:
“The Contracting Parties shall entrust to
the Agency the air traffic services in the
airspace defined in accordance with the
provisions of paragraph 2 d), of Article 6
and of Article 38 of the present
Convention.”
International Air Law Conference – 85th Anniversary Warsaw Convention
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EUROCONTROL amended Convention 1981
 Article 2 paragraph 2 b) of the amended Convention
of 12 February 1981:
“At the request of one or more
Contracting Parties, the Organisation
may be entrusted with the following
tasks:
(b) to provide and operate, wholly or in
part, air traffic services and facilities on
behalf of such Parties;”
International Air Law Conference – 85th Anniversary Warsaw Convention
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Maastricht Upper Area Control Centre
 260,000 km2 extending over Belgium, the Netherlands,
Luxembourg and North-West Germany
 More than 1.5 million flights controlled (2013)
 Annual costs (2013): € 138 M
 3rd largest control centre in Europe
 6th largest ANSP in Europe
 Highest controller productivity in
Europe
One of the most
cost-effective ANSPs
International Air Law Conference – 85th Anniversary Warsaw Convention
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6
Liability of the Organisation
Article 25 paragraph 2, 1st sentence of the amended
Convention of 12 February 1981:
“With regard to non-contractual
liability, the Organisation shall make
reparation for damage caused by the
negligence of its organs, or of its
servants in the scope of their
employment, insofar as the damage
can be attributed to them.”
International Air Law Conference – 85th Anniversary Warsaw Convention
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Liability of the National Contracting Parties to
the Maastricht Agreement
Article 11 of the Agreement relating to the Provision and Operation of Air Traffic
Services and Facilities by EUROCONTROL at the Maastricht Area Control Centre:
1. Liability of each National Contracting Party for damages in
connection with services made available by it to the
Organisation, to the extent to which damage is attributable to the
National Contracting Party
2. Indemnification by the Organisation of the National Contracting
Party against claims in connection with the ATS provision by the
Organisation
3. Reference to the Organisation’s liability pursuant to Article 25.2
of the EUROCONTROL Convention and right of recourse
against the National Contracting Parties in the case under 1
above
4. Right of the Organisation to take out insurance
International Air Law Conference - 85th Anniversary Warsaw Convention
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END OF PRESENTATION
THANK YOU FOR YOUR ATTENTION
International Air Law Conference - 85th Anniversary Warsaw Convention
Royal Castle Warsaw