CELEX: C2002/323/01
Language: en
Date: 2002-12-21 00:00:00
Title: 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))

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                                     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
                     of 5 November 2002                                   (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
in Case C-466/98: Commission of the European Communi-                     (Rapporteur), F. Macken, N. Colneric, S. von Bahr and
ties v United Kingdom of Great Britain and Northern                       J.N. Cunha Rodrigues, Judges; A. Tizzano, Advocate General;
                           Ireland (1)                                    H. von Holstein, Deputy Registrar, and D. Louterman-Hubeau,
                                                                          Head of Division, has given a judgment on 5 November 2002,
                                                                          in which it:
(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               1.     Declares that, by concluding and applying an Air Services
or limit the traffic rights of air carriers designated by the                    Agreement signed on 23 July 1977 with the United States of
United Kingdom which are not owned by the latter or its                          America which allows that non-member country to revoke,
nationals — Article 52 of the EC Treaty (now, after                              suspend or limit traffic rights in cases where air carriers
                 amendment, Article 43 EC))                                      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
                        (2002/C 323/01)                                          failed to fulfil its obligations under Article 52 of the EC Treaty
                                                                                 (now, after amendment, Article 43 EC);
                  (Language of the case: English)
                                                                          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.
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           (1 ) OJ C 71 of 13.3.1999.
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