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Challenging Acts of International Organizations Before National Courts$
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August Reinisch

Print publication date: 2010

Print ISBN-13: 9780199595297

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199595297.001.0001

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Asking National Courts to Correct the Over-flight Charges of Eurocontrol

Asking National Courts to Correct the Over-flight Charges of Eurocontrol

Chapter:
(p.157) 7 Asking National Courts to Correct the Over-flight Charges of Eurocontrol
Source:
Challenging Acts of International Organizations Before National Courts
Author(s):

Jakob Wurm

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199595297.003.0007

This chapter focuses on the field of civil aviation where the Brussels-based European Organisation for the Safety of Air Navigation (Eurocontrol) operates. The repeated challenge of Eurocontrol-imposed ‘route charges’ on airlines using its air safety services before European courts highlights immunity aspects and addresses the inter-relationship of national/European anti-trust/competition law rules and the activities of an international organization. The reference to the German case law reveals that Solange arguments referring to a minimum level of fundamental rights protection as a requirement to allow Belgian courts to exercise jurisdiction have played an important role in the assessment of the dispute settlement system provided for in the Eurocontrol constituent documents.

Keywords:   Eurocontrol, Air Services, route changes, Solange case, competition law, domestic courts

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