ABSTRACT
When it comes to the distribution of air traffic rights, under present EC law Article 5 of Regulation 847/2004 prescribes that the Member States shall set up a procedure, which ensures a transparent and non-discriminatory allocation. In this chapter it shall be assessed, which procedure is the most suitable one to fulfil these conditions. Thereby, the particularities of international air transportation will be taken into account. Additional attention shall be given to the situation de lege ferenda, when as was concluded in the previous chapter, the European Community will become also involved in the allocation of air traffic rights. For this reason, regard will be also given to the EU and EC Treaty examining, whether these regimes contain any principles and provisions that may have to be obeyed, when distributing air traffic rights.
