DIRITTO E POLITICA DEI TRASPORTI (ISSN 2612-5056), II/2023, p. 145 – 158
The European Commission approved the French Law that prohibits – according to Article 20 of the Regulation (EC) No 1008/2008 of the European Parliament and of the Council – scheduled public passenger air transport services on all air routes within French territory for which there are several direct rail connections per day of less than two and a half hours. Anyway, the prohibition, which aims to combat climate change and applies both for point to point and connecting passengers, appears to be based on a superficial analysis model. This essay thus questions the reasonableness and proportionality of the French ban and the balance between values of constitutional importance such as the protection of the environment, the right to movement and mobility and the freedom of enterprise.