Judgment of the Court of 5 November 2002 in Case C-466/98: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Conclusion and application by a Member State of a bilateral agreement with the United States of America — Agreement authorising the United States of America to revoke, suspend or limit the traffic rights of air carriers designated by the United Kingdom which are not owned by the latter or its nationals — Article 52 of the EC Treaty (now, after amendment, Article 43 EC))
Date: 2002-12-21
Institutions: Court of Justice
Subjects: European Commission, Northern Ireland, United Kingdom, action for failure to fulfil an obligation, air transport, right of establishment

21.12.2002

EN

Official Journal of the European Communities

C 323/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

of 5 November 2002

in Case C-466/98: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure by a Member State to fulfil
its obligations —
Conclusion and application by a Member State of a bilateral
agreement with the United States of America — Agreement
authorising the United States of America to revoke, suspend
or limit the traffic rights of air carriers designated by the
United Kingdom which are not owned by the latter or its
nationals — Article 52 of the EC Treaty (now, after
amendment, Article 43 EC))

(2002/C 323/01)

(Language of the case: English)

In Case C-466/98, Commission of the European Communities
(Agent: F. Benyon) v United Kingdom of Great Britain and
Northern Ireland (Agents: J. E. Collins, assisted by D. Anderson,
QC), supported by Kingdom of
the Netherlands (Agents:
M. A. Fierstra and J. van Bakel): Application for a declaration
that, by concluding and applying an Air Services Agreement
signed on 23 July 1977 with the United States of America
which provides for the revocation, suspension or limitation of
traffic rights in cases where air carriers designated by the
United Kingdom of Great Britain and Northern Ireland are not

owned by the United Kingdom or United Kingdom nationals,
the United Kingdom of Great Britain and Northern Ireland has
failed to fulfil its obligations under Article 52 of the EC Treaty
(now, after amendment, Article 43 EC), the Court, composed
of: J.-P. Puissochet, President of the Sixth Chamber, acting for
the President, R. Schintgen (President of Chamber), C. Gul-
mann, D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris
(Rapporteur), F. Macken, N. Colneric, S. von Bahr and
J.N. Cunha Rodrigues, Judges; A. Tizzano, Advocate General;
H. von Holstein, Deputy Registrar, and D. Louterman-Hubeau,
Head of Division, has given a judgment on 5 November 2002,
in which it:

1. Declares that, by concluding and applying an Air Services
Agreement signed on 23 July 1977 with the United States of
America which allows that non-member country to revoke,
suspend or limit
traffic rights in cases where air carriers
designated by the United Kingdom of Great Britain and
Northern Ireland are not owned by it or its nationals, the
United Kingdom of Great Britain and Northern Ireland has
failed to fulfil its obligations under Article 52 of the EC Treaty
(now, after amendment, Article 43 EC);

2. Orders the United Kingdom of Great Britain and Northern

Ireland to pay the costs;

3. Orders the Kingdom of the Netherlands to bear its own costs.

(1) OJ C 71 of 13.3.1999.