Do EU countries have the right to close their airspace to a particular plane model?

Question

According to this article in "el país" España delega en la UE la paralización del nuevo modelo 737 de Boeing, the Spanish government claims that

El Gobierno señala que no tiene competencias para restringir la aeronave [...] España no puede imponer ninguna restricción a aeronaves que disponen de certificado emitido por EASA.

that is

The government points out that it does not have the authority to impose restrictions on this airplane [...] Spain cannot impose any restriction on airplanes that have obtained certification by the EASA (the European Union Aviation Safety Agency).

Further down, the article says that the UK, Germany, France, and other EU countries did close today its airspace for the Boeing 737 Max8.

Do other European countries have more rights than Spain on this issue, did the other countries act against common EU standards, or is the Spanish government making wrong claims?

You'd probably get a more thorough answer at either [Politics](https://politics.stackexchange.com/) or [Law](https://law.stackexchange.com/) SE sites, since the question is basically about EU policy/law. — Giter, Mar 12 '19 at 18:35
We also have an entire site devoted to Aviation. And if nothing else then the fact that several countries have actually done it would indicate that they do have the right. — DJClayworth, Mar 12 '19 at 18:54
point is moot now as EASA as of 2000CET on 12/03/2018 closed the entire European airspace to the 737Max until further notice. — jwenting, Mar 13 '19 at 08:34
It's unclear. Never been tested before - but as with most things, it boils down to "whoever scrambles the fighters for an intercept gets to make the rules." — Piskvor left the building, Mar 13 '19 at 09:31

score 3 · Answer 1 · edited Jun 17 '20 at 09:41

Yes, because Germany and France banned the airplane entering it's airspace before the EASA banned it.

From DW.com

Germany has banned flights by the Boeing 737 MAX 8 in its airspace, becoming one of the latest countries to do so after last Sunday's Ethiopian Airlines crash.

France's DGAC aviation agency also barred such flights through its airspace Tuesday, along with Britain's Civil Aviation Authority.

"Safety comes first," said German Transport Minister Andreas Scheuer, shortly after Germany-based travel operator TUI said it was halting flights with the aircraft across all of the group's airlines.

"Until all doubts have been cleared up, I have ordered that German airspace be closed to all Boeing 737 MAX aircraft with immediate effect," Scheuer told German NTV television.

The European Aviation Safety Agency (EASA) later said it would be grounding all flights involving the plane, widening to prohibition to all EU member states.

So why does the Spanish government claim that European law does not allow them to ban a certain type of plane? — KlausN, Mar 12 '19 at 21:23
Until it is tested in the courts, how can we know if the bans are legal? — Oddthinking, Mar 12 '19 at 23:57
@KlausN maybe _Spanish_ law does not allow Spain to ban a plane certified by EASA. — phoog, Aug 21 '22 at 21:28

Do EU countries have the right to close their airspace to a particular plane model?

1 Answers1