Press Release: The Commission continues to take action against illegal ‘Open Sky’ agreements

Following measures taken in July and December 2004 to enforce the 'Open Skies' rulings of the Court of Justice (IP/04/967 and IP/04/1478), the European Commission, as guardian of the Treaties, on 16 March 2005 decided to send letters of formal notice and reasoned opinions to eleven Member States which had air service agreements with the United States. Infringement proceedings were initiated against all the Member States which had bilateral agreements with the United States (20 countries out of 25). These air agreements contained 'nationality' clauses whereby only national companies in the signatory countries were able to benefit from the agreement, a flagrant breach of European law. At the same time the Commission was preparing to relaunch negotiations with the United States to conclude an overall agreement.