On 15 January 2023, Ruinair flight RR402 took off from Paphos International Airport, Cyprus, for Helsinki,...

   

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On 15 January 2023, Ruinair flight RR402 took off from Paphos International Airport, Cyprus, for Helsinki, Finland. While flying over the airspace of the state of Volorus, the Volorussian Air Force intercepts the flight and orders it to land. Once on the ground at a Volorussian airfield, the Volorussian police board the flight and arrest a passenger: a journalist who is regarded by the Volorussian government as criminal dissident. In response to this act, on 24 January 2023 the European Council adopted conclusions which a) called 'on all EU-based carriers to avoid overflight of Volorus; b) called 'on the Council to adopt the necessary measures to ban overflight of EU airspace by Volorussian airlines and prevent access to EU airports of flights operated by such airlines.' On 26 January 2023, the Council amended Regulation (EC) No 765/2006 as follows: Article 8a(1): It shall be prohibited for any aircraft operated by Volorussian air carriers, including as a marketing carrier in code-sharing or blocked-space arrangements, to land in, take off from or overfly the territory of the Union. On the same day, the Council amended Decision 2012/642/CFSP as follows: Article 2a(1): Member States shall deny permission to land in, take off from or overfly their territories to any aircraft operated by Volorussian air carriers, including as a marketing carrier, in accordance with their national rules and laws and consistent with international law, in particular relevant international civil aviation agreements. Following the events of the previous week, most flights to Volorus were already cancelled. On 27 January 2023, only one flight was due to depart from the Union for Volorus: a charter flight from Stuttgart, Germany, transporting all of the equipment and personnel from the European Cycling Union necessary to run the European Track Cycling Championships in Volorus in February 2023. The UEC was forced to cancel their championships, and has suffered considerable losses as a consequence. Page 1 of 2 Believing that the European Council acted illegally, the UEC wants to challenge the Council's amendments so that their championships can take place in Volorus without significant delay. The UEC also wants to sue the European Union for the losses they suffered as a consequence of the measures adopted by the European Council and the Council of the European Union. Their Secretary General, Mr Alasdair MacLauchlan, again comes to you for advice. Advise Mr MacLauchlan. On 15 January 2023, Ruinair flight RR402 took off from Paphos International Airport, Cyprus, for Helsinki, Finland. While flying over the airspace of the state of Volorus, the Volorussian Air Force intercepts the flight and orders it to land. Once on the ground at a Volorussian airfield, the Volorussian police board the flight and arrest a passenger: a journalist who is regarded by the Volorussian government as criminal dissident. In response to this act, on 24 January 2023 the European Council adopted conclusions which a) called 'on all EU-based carriers to avoid overflight of Volorus; b) called 'on the Council to adopt the necessary measures to ban overflight of EU airspace by Volorussian airlines and prevent access to EU airports of flights operated by such airlines.' On 26 January 2023, the Council amended Regulation (EC) No 765/2006 as follows: Article 8a(1): It shall be prohibited for any aircraft operated by Volorussian air carriers, including as a marketing carrier in code-sharing or blocked-space arrangements, to land in, take off from or overfly the territory of the Union. On the same day, the Council amended Decision 2012/642/CFSP as follows: Article 2a(1): Member States shall deny permission to land in, take off from or overfly their territories to any aircraft operated by Volorussian air carriers, including as a marketing carrier, in accordance with their national rules and laws and consistent with international law, in particular relevant international civil aviation agreements. Following the events of the previous week, most flights to Volorus were already cancelled. On 27 January 2023, only one flight was due to depart from the Union for Volorus: a charter flight from Stuttgart, Germany, transporting all of the equipment and personnel from the European Cycling Union necessary to run the European Track Cycling Championships in Volorus in February 2023. The UEC was forced to cancel their championships, and has suffered considerable losses as a consequence. Page 1 of 2 Believing that the European Council acted illegally, the UEC wants to challenge the Council's amendments so that their championships can take place in Volorus without significant delay. The UEC also wants to sue the European Union for the losses they suffered as a consequence of the measures adopted by the European Council and the Council of the European Union. Their Secretary General, Mr Alasdair MacLauchlan, again comes to you for advice. Advise Mr MacLauchlan.

Answer rating: 100% (QA)

Mr MacLauchlan Considering the situation youve described there are a few legal aspects to consider regarding the actions taken by the European Council ... View the full answer