The Operation of Air Services in the Community (Pricing etc.) Regulations 2013

Service providers

28.—(1) Paragraph (2) applies where a service provider is established in the United Kingdom.

(2) To the extent these Regulations are concerned with the enforcement of Article 23, they apply to anything done by the service provider in an EEA state (other than the United Kingdom) in providing the service as these Regulations would apply if the act in question were done by the service provider in the United Kingdom.

(3) Paragraph (4) applies where a service provider is established in an EEA state (other than the United Kingdom).

(4) To the extent these Regulations are concerned with the enforcement of Article 23, they do not apply to anything done by a service provider in providing the service.

(5) In this regulation, a service provider is “established” in an EEA state if the service provider—

(a) effectively pursues an economic activity using a fixed establishment in that state for an indefinite period; and

(b) is a national of an EEA state or a body mentioned in Article 54 of the Treaty on the Functioning of the European Union(1).

(6) The presence or use in a particular place of equipment or other technical means of providing an information society service is not itself sufficient to constitute the establishment of a service provider.

(7) Where it cannot be decided from which of a number of establishments an information society service is provided, the service is to be regarded as provided from the establishment at the centre of the service provider’s activities relating to that service.

(1)

OJ No C83, 30.03.2010, p.47.