The defendant state had entered into agreements with the USA before entering the EU, which agreements regulated the rights of airplanes flying between the UK and America to land at British airports. The agreements were challenged by the Commission.
Held: The EC Treaty provided that any such arrangement had to be abolished, insofar as it discriminated in favour of national airlines, and against those based in other member states. Such an arrangement could not be justified on public policy grounds.
Europa Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral agreement with the United States of America – Agreement authorising the United States of America to revoke, suspend or limit the traffic rights of air carriers designated by the United Kingdom which are not owned by the latter or its nationals – Article 52 of the EC Treaty (now, after amendment, Article 43 EC).
Judges:
A Tizzano
Citations:
Times 08-Nov-2002, C-466/98, [2002] EUECJ C-466/98, [2003] 1 CMLR 6, [2002] ECR I-9427
Links:
Jurisdiction:
European
Cited by:
Cited – Micula and Others v Romania SC 19-Feb-2020
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the . .
Lists of cited by and citing cases may be incomplete.
Transport, Transport, Commercial
Updated: 21 June 2022; Ref: scu.178329
