Legal Material

Open Skies Decision, Commission of the European Communities v Belgium, Judgment, Case C-471/98, [2002] ECR I-9681, ILEC 085 (CJEU 2002), 5th November 2002, Court of Justice of the European Union [CJEU]; European Court of Justice [ECJ]; European Court of Justice (Grand Chamber)



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Whether the conclusion of an ‘Open Skies’ agreement between two domestic states in the field of air transport infringed the external competence of the European Community.

Whether the inclusion of an ownership control clause in an ‘Open Skies’ agreement—the benefit of which was limited to airlines of which the substantial ownership and the effective control was vested in one of the contracting parties or its nationals—, infringed the freedom of establishment principle, as consecrated in Article 52 of the Treaty establishing the European Community (Maastricht).

Legal Material.  15631 words. 

Subjects: International Co-operation ; Public International Law ; International Law ; Law

Index Terms: International co-operation; European Union (EU); EC Law; ; European Court of Justice (Grand Chamber); nl; Netherlands; be; Belgium; European Commission

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