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SAT Fluggesellschaft mbH v. European Organization for the Safety of Air Navigation (“Eurocontrol”)

Court of Justice of the European Communities.  19 January 1994 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International organizations — Immunity — Jurisdictional immunity — Whether international organizations subject to application of EEC Treaty rules on competition — European Organization for the Safety of Air Navigation (“Eurocontrol”) — Exercise of powers to collect route charges on behalf of Member States — Whether Eurocontrol acting as public authority or carrying out activities of an economic nature

Air — Safety of air space — Provision of air navigation services — European Organization for the Safety of Air Navigation (“Eurocontrol”) — Legal status — Extent of authority — Brussels Convention establishing Eurocontrol, 1960 — Brussels Protocol amending Eurocontrol Convention, 1981

International organizations — European Community — Institutions — Court of Justice — Powers — Jurisdiction under Article 177 of EEC Treaty — Interpretation of Treaty provisions — Whether constituting contentious procedure — Whether party to main proceedings entitled to challenge jurisdiction of Court on basis of entitlement to jurisdictional immunity

Economics, trade and finance — Competition rules — EEC Treaty, 1957, Articles 86 and 90 — Whether applicable to international organizations — Concept of “undertaking” — Whether limited to body carrying out economic activity — The law of the European Community

Type
Case Report
Copyright
© Cambridge University Press 1995

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