Re the "Open Skies" Agreement: EC Commission v.Open Skies Agreement • November 2nd, 2006
Contract Type FiledNovember 2nd, 2006H2 Air transport--Member States--obligations--European Court procedure-- Art.226 action--locus standi--pre litigation procedure--international agreements-- making treaty power--bilateral "open skies" agreement with the United States-- secondary legislation governing internal air transport market-- no exclusive external competence of the Community to conclude air transport agreements-- ERTA principles applicable where common rules adopted under Art.84(2) (now Art.80(2)) EC--exclusive external competence where Community including in its internal legislative acts provisions relating to treatment of nationals of non- member countries--such provisions to be found in Regulations 2409/92 and 2299/89--breach of Art.5 (now Art.10) EC consisting in conclusion of international agreements on issues so regulated by Community--establishment--Art.52 (now Art.43) EC applicable as regards air transport and applicable where services directed to non-member countries-- conclusion of international agreemen