Creating a Framework for a Single European Sky:the Opportunity Cost of Reorganising European Airspace

The object of this article is to critically evaluate the legal framework for a European Single Sky project in light of the recent European Court of Justice decision in International Air Transport Association v The Department of Transport. The article will examine in detail the framework regulations outlining the major provisions from the recommendations of the Commission's High Level Group in 2000, to the implementation at a micro-level by national authorities of the legislation adopted in 2004. Furthermore, this article will examine whether the savings to air service providers from the Single European Sky project in the long term will be negated by the short term outgoings associated with compensating passengers in the event of delays, cancellations and denied boardings caused by non-systemic factors.