CELEX: C2002/323/03
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court of 5 November 2002 in Case C-468/98: Commission of the European Communities v Kingdom of Sweden (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))

21.12.2002               EN                      Official Journal of the European Communities                                            C 323/3
                  JUDGMENT OF THE COURT                                           concluded agreements which are incompatible with the
                                                                                  EC Treaty, especially Article 52 thereof, and with the
                                                                                  applicable secondary law, or by failing to take all legally
                        of 5 November 2002                                        possible steps to that end, failed to comply with its
                                                                                  obligations under Article 234 of the EC Treaty (now, after
in Case C-468/98: Commission of the European Communi-                             amendment, Article 307 EC) as adapted by Article 6 of
                  ties v Kingdom of Sweden ( 1)                                   the Act concerning the conditions of accession of the
                                                                                  Republic of Austria, the Republic of Finland and the
                                                                                  Kingdom of Sweden and the adjustments to the Treaties
(Failure by a Member State to fulfil its obligations —                            on which the European Union is founded (OJ 1994
Conclusion and application by a Member State of a bilateral                       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 Bahr
                        (now Article 10 EC))                                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 Novem-
                           (2002/C 323/03)                                  ber 2002, in which it:
                    (Language of the case: Swedish)                         1.    Declares that, by entering into or maintaining in force, despite
                                                                                  the renegotiation of the air transport agreement of 16 December
(Provisional translation; the definitive translation will be published            1944 between the Kingdom of Sweden and the United States
                    in the European Court Reports)                                of America, international commitments with the United States
                                                                                  of America
                                                                                  —     concerning air fares and rates charged by carriers desig-
In Case C-468/98, Commission of the European Communities                                nated by the United States of America on intra-Com-
(Agents: F. Benyon and C. Tufvesson) v Kingdom of Sweden                                munity routes,
(Agent: L. Nordling), 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 Swedish territory, and
—     as its principal claim, a declaration that, by having
      individually negotiated, initialled and concluded in 1995
      an ‘open skies’ agreement with the United States of                         —     recognising the United States of America as having the
      America in the field of air transport, the Kingdom of                             right to withdraw, suspend or limit traffic rights in cases
      Sweden has failed to fulfil its obligations under the EC                          where air carriers designated by the Kingdom of Sweden
      Treaty, and in particular Articles 5 (now Article 10 EC)                          are not owned by the latter or by Swedish nationals, the
      and 52 (now, after amendment, Article 43 EC) thereof,                             Kingdom of Sweden has failed to fulfil its obligations
      and also under secondary law adopted pursuant to                                  under Article 5 of the EC Treaty (now Article 10 EC) and
      that Treaty, and in particular Council Regulation (EEC)                           Article 52 of the EC Treaty (now, after amendment,
      No 2407/92 of 23 July 1992 on licensing of air carriers                           Article 43 EC) and under Council Regulation (EEC)
      (OJ 1992 L 240, p. 1), Council Regulation (EEC) No 2408/                          No 2409/92 of 23 July 1992 on fares and rates for air
      92 of 23 July 1992 on access for Community air carriers                           services and Council Regulation (EEC) No 2299/89 of
      to intra-Community air routes (OJ 1992 L 240, p. 8),                              24 July 1989 on a code of conduct for computerised
      Council Regulation (EEC) No 2409/92 of 23 July 1992                               reservation systems, as amended by Council Regulation
      on fares and rates for air services (OJ 1992 L 240, p. 15),                       (EEC) No 3089/93 of 29 October 1993;
      Council Regulation (EEC) No 2299/89 of 24 July 1989
      on a code of conduct for computerised reservation
                                                                            2.    Dismisses the remainder of the application;
      systems (OJ 1989 L 220, p. 1), as amended by Council
      Regulation (EEC) No 3089/93 of 29 October 1993 (OJ
      1993 L 278, p. 1), and Council Regulation (EEC) No 95/                3.    Orders the Kingdom of Sweden to pay the costs;
      93 of 18 January 1993 on common rules for the
      allocation of slots at Community airports (OJ 1993 L 14,
      p. 1); and,                                                           4.    Orders the Kingdom of the Netherlands to bear its own costs.
—     further and in the alternative, a declaration that, in so far
      as the 1995 agreement cannot be regarded as having                    (1 ) OJ C 71 of 13.3.1999.
      radically amended and thus replaced the agreements
      previously concluded, the Kingdom of Sweden has, by
      not rescinding those provisions of the said previously-