The European Commission (EC) has been denied the full mandate it sought to negotiate air services agreements with non-European Union (EU) member states after the transport ministers met in Luxembourg on 1 October. The EC will now take legal action in the European Court of First Instance at Luxembourg.

Eight of the 15 member states, including Germany and the UK, refused to support the EC case, says EC transport commissioner Neil Kinnock's office. It adds that court action, which can only be undertaken with unanimous agreement among EC commissioners, "which is certain", will begin this month. A ruling will not be likely for at least 24 months, "-but we hope the action will focus their minds in the shorter term", the office says.

The EC claims it has the right under the Treaty of Rome to negotiate international agreements on behalf of EU countries, because they bear directly on internal EU matters. "We are demanding the competence because it impacts on the proper implementation of the internal market," it says.

Source: Flight International