Chapter

Asking National Courts to Correct the Over-flight Charges of Eurocontrol

Jakob Wurm

in Challenging Acts of International Organizations Before National Courts

Published in print September 2010 | ISBN: 9780199595297
Published online January 2011 | e-ISBN: 9780191595752 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199595297.003.0007
Asking National Courts to Correct the Over-flight Charges of Eurocontrol

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This chapter focuses on the field of civil aviation where the Brussels-based European Organisation for the Safety of Air Navigation (Eurocontrol) operates. The repeated challenge of Eurocontrol-imposed ‘route charges’ on airlines using its air safety services before European courts highlights immunity aspects and addresses the inter-relationship of national/European anti-trust/competition law rules and the activities of an international organization. The reference to the German case law reveals that Solange arguments referring to a minimum level of fundamental rights protection as a requirement to allow Belgian courts to exercise jurisdiction have played an important role in the assessment of the dispute settlement system provided for in the Eurocontrol constituent documents.

Keywords: Eurocontrol; Air Services; route changes; Solange case; competition law; domestic courts

Chapter.  10914 words. 

Subjects: Constitutional and Administrative Law

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