EUROPEAN COURT’S ADVOCATE GENERAL NULLIFIES U.S. AIR TREATIES
Antonio Tizzano, advocate general for the European Court of Justice, has issued an opinion saying that eight European countries are breaking European Union law by negotiating civil aviation treaties directly with the United States.
Tizzano’s opinion is not a final ruling, but the Court of Justice usually follows recommendations from the advocate general. Doing so in this case would overturn a 50-year-old framework of regulating international air traffic rights.
Under the system in place, European nations have negotiated individual bilateral pacts with the United States for transatlantic flights. These agreements specify which airlines fly to the United States from specific European airports.
“In matters covered by the common rules, the member states may not under any circumstances conclude international agreements,” Tizzano said. If the court goes along, his recommendation would free up aviation on the Continent and facilitate the likely mergers of a number of air carriers. It would also create a long period of confusion.
The European Commission had warned Germany, Denmark, Sweden, Finland, Belgium, Austria, Luxembourg and Britain that it was illegal for them to negotiate individual pacts. All but Britain have “open skies” agreements with the United States.