This annotation firstly looks at the legal issues at stake, then at the decision of the Court regarding the infringement of the external competence of the Community as well as the infringement of the right of establishment. Lastly, the Court's decisions is assessed.
In cases C-466/98, C-467/98, C-468/98, C-469/98, C-471/98, C-472/98, C-475/98 and C-476/9,8 delivered on November 5, 2002, also referred to as the “Open Skies” cases, the Commission took Austria, Belgium, Denmark, Finland, Germany, Luxembourg and Sweden to the European Court of Justice due to their concluded “Open Skies” agreements with the US, as well as the UK due to its Bermuda II agreement with the US.
Inhaltsverzeichnis (Table of Contents)
- I. The “Open Skies” agreements
- II. Legal issues at stake
- a. Exclusive competence of the Community
- b. International agreements in this context
- c. Implied powers
- III. Decision of the Court
- a. Infringement of the external competence of the Community
- b. Infringement of the right of establishment
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This case study examines the "Open Skies" agreements concluded between certain EU Member States and the US, and the subsequent legal challenge brought by the European Commission against those agreements. The case revolves around the European Union's competence to regulate international air transport agreements, specifically concerning the application of the Single Market principles and the right of establishment for EU airlines.
- The Commission's argument that bilateral agreements with the US distort the Single Market and discriminate against European airlines
- The legal issues of exclusive competence, international agreements, and implied powers under EU law
- The European Court of Justice's ruling on the infringement of the Community's external competence and the right of establishment
- The impact of the Court's decision on the rights of EU and US airlines to continue services under the challenged agreements
- The role of the Single Market principles in regulating international air transport
Zusammenfassung der Kapitel (Chapter Summaries)
I. The “Open Skies” agreements
This section introduces the “Open Skies” agreements between EU Member States and the US, which aimed to liberalize air transport. It outlines the Commission’s concerns about these agreements, arguing that they distort the Single Market and discriminate against European airlines. It also explains the Commission's reasoning behind urging Member States not to enter into such agreements.
II. Legal issues at stake
This chapter delves into the legal issues surrounding the “Open Skies” agreements, focusing on the European Union’s exclusive competence for air transport agreements, the application of international agreements in this context, and the doctrine of implied powers.
III. Decision of the Court
This chapter summarizes the European Court of Justice’s decision in the “Open Skies” cases. It outlines the Court’s ruling on the infringement of the Community’s external competence and the right of establishment, while also clarifying the impact of the decision on the continuation of services under the challenged agreements.
Schlüsselwörter (Keywords)
The main keywords and focus topics of the text include the European Union’s competence to regulate international air transport, the Single Market, the right of establishment, bilateral agreements, “Open Skies” agreements, the European Court of Justice, and infringement of EU law.
Frequently Asked Questions
What are the "Open Skies" cases?
The "Open Skies" cases refer to a legal battle where the European Commission sued several Member States (like Germany, Austria, and the UK) for concluding bilateral air transport agreements with the US, arguing they infringed on EU competence.
What was the Commission's main argument?
The Commission argued that these bilateral agreements distorted the Single Market and discriminated against airlines from other EU countries by violating the right of establishment.
What is the "right of establishment" in this context?
It is the principle that EU companies (including airlines) should be able to set up and provide services in any Member State without discrimination based on nationality.
What did the European Court of Justice (ECJ) decide?
The ECJ ruled that the Member States had indeed infringed on the Community's external competence and the right of establishment, as only the EU has the power to negotiate certain aspects of international air transport agreements.
What are "implied powers" under EU law?
Implied powers refer to the doctrine that the EU has the authority to enter into international agreements even if not explicitly stated, if such authority is necessary to achieve the objectives of the internal market.
- Quote paper
- Sophia Milusheva (Author), 2020, Open Skies Cases of the European Union. An Annotation, Munich, GRIN Verlag, https://www.grin.com/document/1000028
