European court rules national 'open skies' agreement with U.S. illegal

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European court rules national 'open skies' agreement with U.S. illegal

BRUSSELS, Belgium (AP) =97 The European Court of Justice ruled Tuesday that=
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eight EU states acted illegally when they signed bilateral air deals with=20
the United States offering advantages to their national flag carriers. The=
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EU high court ruling gives the European Commission crucial legal backing in=
=20
its battle to replace national governments in negotiating air traffic=20
agreements with the United States and other nations. In its judgment, the=20
Luxembourg-based court said the bilateral "open skies" accords with=20
Washington violated EU law since they infringed on the power of the EU head=
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office to regulate and negotiate air transport accords with non-EU nations.=
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The court added the bilateral agreements also discriminated against=20
airlines in EU countries that signed no such deals with the United States.

The ruling, which is binding and cannot be appealed, means the eight member=
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nations =97 Denmark, Sweden, Finland, Belgium, Luxembourg, Austria, Britain=
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and Germany =97 must renegotiate their bilateral airline accords with=20
Washington to bring them into line with EU law. The court is still=20
considering similar cases against Italy, France and the Netherlands and=20
Portugal. "The agreements ... are now null and void," EU Transport=20
Commissioner Loyola de Palacio told a news conference. She urged national=20
governments to quickly give the EU Commission a mandate to negotiate a=20
pan-EU "open sky" pact with the United States. "It will be the Commission=20
who will have to negotiate on behalf of the 15 member states," she added,=20
warning that failure of member nations to comply with the ruling would mean=
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they could face hefty fines. The decision could have far-reaching=20
implications for trans-Atlantic air traffic by allowing European airlines=20
greater freedom to fly to the United States from EU nations other than=20
their own.

The Commission says that will increase competition on lucrative=20
trans-Atlantic routes, bring down air fares and make it easier for European=
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carriers to merge. De Palacio said the Commission would shortly introduce=20
proposals setting out how it would hold talks between the EU and Washington=
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in signing a "Trans-Atlantic Common Aviation Area," opening up airline=20
competition between the two sides. In London, Richard Branson, chairman of=
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British airline Virgin Atlantic, said the decision should lead to pan-EU=20
deregulation of the airline industry, and more competition, giving=20
consumers cheaper fares, and better service.
Virgin Atlantic and other smaller airlines has fought hard over the years=20
to gain access to routes between Britain and North America that have=20
traditionally been dominated by British Airways and major U.S. airlines.

The "open skies" agreements between the United States and individual=20
European nations let U.S. airlines fly into EU countries from anywhere in=20
the United States but let European carriers only fly to the United States=20
from their home bases. For instance, KLM Royal Dutch Airlines can fly to=20
American airports only from Amsterdam, not Madrid or Rome, thereby=20
protecting its home base at the expense of other EU carriers. De Palacio=20
argued that by negotiating on behalf of all 15 EU states the Commission can=
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strike a better, fairer deal for European airlines, notably by securing=20
rights to fly on domestic U.S. routes.


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