CELEX: C2002/323/04
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court of 5 November 2002 in Case C-469/98: Commission of the European Communities v Republic of Finland (Failure by a Member State to fulfil its obligations — Conclusion and application by a Member State of a bilateral "open skies" agreement with the United States of America — Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) — External competence of the Community — Article 52 of the EC Treaty (now, after amendment, Article 43 EC) — Article 5 of the EC Treaty (now Article 10 EC))

C 323/4                  EN                      Official Journal of the European Communities                                         21.12.2002
                  JUDGMENT OF THE COURT                                           those provisions of the said previously-concluded agree-
                                                                                  ments which are incompatible with the EC Treaty,
                                                                                  especially Article 52 thereof, and with secondary law, or
                        of 5 November 2002                                        by failing to take all legally possible steps to that end,
                                                                                  failed to comply with its obligations under Article 234 of
in Case C-469/98: Commission of the European Communi-                             the EC Treaty (now, after amendment, Article 307 EC)
                   ties v Republic of Finland ( 1)                                and under Article 6 of the Act concerning the conditions
                                                                                  of accession of the Republic of Austria, the Republic of
                                                                                  Finland and the Kingdom of Sweden and the adjustments
(Failure by a Member State to fulfil its obligations —                            to the Treaties on which the European Union is founded
Conclusion and application by a Member State of a bilateral                       (OJ 1994 C 241, p. 21 and OJ 1995 L 1, p. 1),
‘open skies’ agreement with the United States of America —
Secondary legislation governing the internal air transport
market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/                       the Court, composed of: J.P. Puissochet, President of the Sixth
92, 2409/92 and 95/93) — External competence of the                         Chamber, acting for the President, R. Schintgen (President of
Community — Article 52 of the EC Treaty (now, after                         Chamber), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann,
amendment, Article 43 EC) — Article 5 of the EC Treaty                      V. Skouris (Rapporteur), F. Macken, N. Colneric, S. von
                        (now Article 10 EC))                                Bahr and J.N. Cunha Rodrigues, Judges; Advocate General,
                                                                            A. Tizzano; H. von Holstein, Deputy Registrar, and D. Louter-
                                                                            man-Hubeau, Head of Division, has given a judgment on
                           (2002/C 323/04)                                  5 November 2002, in which it:
                    (Language of the case: Finnish)                         1.    Declares that, by entering into or maintaining in force, despite
                                                                                  the renegotiation of the air transport agreement of 29 March
(Provisional translation; the definitive translation will be published            1949 and the protocol of 12 May 1980 between the Republic
                    in the European Court Reports)                                of Finland and the United States of America, international
                                                                                  commitments with the United States of America
                                                                                  —     concerning air fares and rates charged by carriers desig-
In Case C-469/98, Commission of the European Communities                                nated by the United States of America on intra-Com-
(Agents: A. Rosas and F. Benyon) v Republic of Finland (Agent:                          munity routes,
T. Pynnä, assisted by R. Luoma), supported by Kingdom of
the Netherlands (Agents: M. A. Fierstra and J. van Bakel):
Application for                                                                   —     concerning computerised reservation systems offered for
                                                                                        use or used in Finnish territory, and
—     as its principal claim, a declaration that, by having
      individually negotiated, initialled and concluded in 1995                   —     recognising the United States of America as having the
      an ‘open skies’ agreement with the United States of                               right to prohibit or revoke the exercise of traffic rights in
      America in the field of air transport, the Republic of                            cases where air carriers designated by the Republic of
      Finland has failed to fulfil its obligations under the EC                         Finland are not owned by the latter or by Finnish
      Treaty, and in particular Articles 5 (now Article 10 EC)                          nationals, the Republic of Finland has failed to fulfil its
      and 52 (now, after amendment, Article 43 EC) thereof,                             obligations under Article 5 of the EC Treaty (now
      and also under secondary law adopted pursuant to                                  Article 10 EC) and Article 52 of the EC Treaty (now,
      that Treaty, and in particular Council Regulation (EEC)                           after amendment, Article 43 EC) and under Council
      No 2407/92 of 23 July 1992 on licensing of air carriers                           Regulation (EEC) No 2409/92 of 23 July 1992 on fares
      (OJ 1992 L 240, p. 1), Council Regulation (EEC) No 2408/                          and rates for air services and Council Regulation (EEC)
      92 of 23 July 1992 on access for Community air carriers                           No 2299/89 of 24 July 1989 on a code of conduct for
      to intra-Community air routes (OJ 1992 L 240, p. 8),                              computerised reservation systems, as amended by Council
      Council Regulation (EEC) No 2409/92 of 23 July 1992                               Regulation (EEC) No 3089/93 of 29 October 1993;
      on fares and rates for air services (OJ 1992 L 240, p. 15),
      Council Regulation (EEC) No 2299/89 of 24 July 1989
                                                                            2.    Dismisses the remainder of the application;
      on a code of conduct for computerised reservation
      systems (OJ 1989 L 220, p. 1), as amended by Council
      Regulation (EEC) No 3089/93 of 29 October 1993 (OJ                    3.    Orders the Republic of Finland to pay the costs;
      1993 L 278, p. 1), and Council Regulation (EEC) No 95/
      93 of 18 January 1993 on common rules for the
      allocation of slots at Community airports (OJ 1993 L 14,              4.    Orders the Kingdom of the Netherlands to bear its own costs.
      p. 1); and,
—     in the alternative, a declaration that, in so far as the              (1 ) OJ C 71 of 13.3.1999.
      1995 agreement cannot be regarded as having radically
      amended and thus replaced the agreements previously
      concluded, the Republic of Finland has, by not rescinding