The contract disappointed European airlines because they felt chosen for US airlines: while US airlines are allowed to operate flights within the EU (when it is an all-cargo flight or a passenger flight, if this is the second leg of a flight launched in the United States), European airlines are not allowed to fly intra-U.S. and cannot acquire a controlling interest in a U.S. operator. [3] The agreement replaced and replaced the old open skies agreements between the United States and some European countries. The EU`s external policy in the field of aviation implies greater flexibility, openness and coherence, based on both bilateral measures (EU/third countries) and multilateral measures (EU/third countries) aimed at: 3) the conclusion of air services agreements with key strategic partners – comprehensive agreements with global partners. America`s open skies policy goes hand in hand with the globalization of airlines. With airlines` unlimited access to our partners` markets and the right to fly all intermediate points and crossing points, open-air agreements offer maximum flexibility for airline alliances. From a legal point of view, the “open skies” judgments meant that EU Member States could no longer act in isolation when negotiating international air agreements. Negotiations on international air services are now conducted in close cooperation and coordination between the European Commission and EU Member States. The “open skies” agreement between the EU and the United States is an agreement on air services between the European Union (EU) and the United States. The agreement allows any Airline of the European Union and any airline of the United States to fly between every point of the European Union and any point of the United States.

EU and US airlines are allowed to travel to another country after their first stop (fifth freedom). Since the EU is not considered a single zone within the meaning of the agreement, this in practice means that US airlines can fly between two points in the EU as long as this flight is the continuation of a flight that started in the US (. B for example, New York – London – Berlin). EU airlines can also fly between the US and third countries that are part of the common European airspace, such as Switzerland. EU and US airlines can fly all-cargo under the 7th Freedom Rights, which means that all-cargo flights by US airlines can be operated by an EU country to any other EU country and all-cargo flights can be operated by EU airlines between the US and any other country. [1] Norway and Iceland joined the agreement from 2011 and their airlines enjoy the same rights as THE EU airlines. [2] Open-ski agreements have significantly increased international passenger and cargo flights to and from the United States, encouraging more travel and trade, increasing productivity and stimulating opportunities for quality employment and economic growth. Open skies agreements do this by eliminating state intervention in airline business decisions about routes, capacity and prices, and by enabling airlines to provide consumers with more affordable, convenient and efficient services. Operational and regulatory factors prevent the opening of international air traffic.

The so-called “open skies” judgments of the European Court of Justice (ECJ) of 5 November 2002 mark the beginning of an EU foreign policy in the field of aviation. This case law has clarified the division of powers between the EU and its Member States in the regulation of international air services. While international air services were traditionally governed by bilateral agreements between states, the 2002 judgments heralded the arrival of the EU, a new

Posted in Uncategorized