I. The Community's External Competence: Air Transport Services

International and Comparative Law Quarterly

Volumn 52, Issue 2, 2003, Pages 499-520

  Greaves, Rosa ^a  

^a DURHAM UNIVERSITY   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84968828831     PISSN: 00205893     EISSN: 14716895     Source Type: Journal    
DOI: 10.1093/iclq/52.2.499     Document Type: Review

References (24)

1. COM (2001) 378
2. Case 22/70 [1971] ECR 263
3. Regulation 543/69 OJ 1969 L77/49
4. [1977] ECR 741
5. Opinion 2/91 (ILO Convention) [1993] ECR I-1061
6. Opinion 2/92 (Third Revised Decision of the Council of the OECD) [1995] ECR I-521
7. and Opinion 1/94 (WTO Agreement) [1994] ECR I-5267
8. Case 167/73 [1974] ECR 359, also known as the Code Maritime Case.
9. This ruling has been confirmed in Cases 209–213/84, Nouvelles Frontieres [1986] ECR 1435, where the ECJ ruled that the EC Competition Rules apply to the air transport sector. The general principles include, inter alia, the rule against discrimination on the grounds of nationality, the right of establishment, free movement of workers and capital, and also the general principles established by ECJ case law
10. COM (90) 17 Community Relations with Third Countries in Aviation Matters. In this Communication the Commission endorsed the view that the Community must be considered as one market internally and externally and emphasized the so-called ‘fifth freedom rights’ (ie, rights to fly between Community airports wherever they may be situated) as a valuable Community asset. Fifth freedom operations by non-Community air carriers are not governed by Community legislative measures. All that is required is for these carriers to obtain the approval of the two Member States concerned
11. COM (92) 434 (OJ 1993 C216/15) Air Transport Relations with Third Countries
12. Air Transport Relations with Third Countries., para 59.
13. Air Transport Relations with Third Countries, para 83
14. Air Transport Relations with Third Countries, para 81.
15. Air Transport Relations with Third Countries, para 84
16. Air Transport Relations with Third Countries, paras 81–2. An interesting corollary mentioned by the Advocate General in para 73 of his Opinion is that, since the Member States are unable to adopt any international obligation in matters covered by the common rules, they will also be unable to enter agreements with non-Community countries in order to eliminate conflicts between those rules and agreements concluded by them before the common rules were adopted. Action would have to be taken by the Community itself to resolve the conflict
17. Regulation 2407/92, OJ 1992 L240/1 on licensing of air carriers
18. and Regulation 2408/92, OJ 1992 L240/8 on access of Community air carriers to intra-Community air routes
19. Regulation 2409/92, OJ 1992 L240/15 on procedures for the establishment of fares and rates wholly within the Community
20. Regulation, Art 1(3) which states that only Community air carriers are entitled to introduce new products or fares lower than the ones existing for identical products
21. Regulation 2299/89, OJ 1989 L220/1
22. and Regulation 95/93, OJ 1993 L14/1
23. Opinion 1/94, above n 11, para 53
24. Opinion, paras 48–53