![]() Where a Member State applies measures covered by Article 9(1) of Regulation No 2408/92 without following the procedure laidĭown in Article 9(3) thereof, examination of those measures under Article 8(3) can lead only to the conclusion that the Member If the Member State concerned none the less applies such measures, the Commission is entitled to examine them, not under Articleĩ(4) of Regulation No 2408/92, the conditions for the application of which are not met, but under Article 8(3) of that regulation. Governing their adoption laid down in Article 9(1) and (2) are met. In the absence of such information, the measures in question cannot be applied by the State concerned even if the conditions The measures at issue provides such information to the other Member States and the Commission that Article 9(4) becomes applicable. It is only in the case where the Member State which intends to apply Of the measures, of the need to apply those measures. Laid down in Article 9(3), to inform the other Member States and the Commission, at least three months before the application The measures covered by Article 9(1) of Regulation No 2408/92 may be applied by a Member State only if the conditions laidĭown in paragraphs 1 and 2 of that article are met and if, in addition, the Member State in question fulfils its obligation, The measuresĬovered by Article 9 of Regulation No 2408/92 contain, essentially, a prohibition of the exercise of traffic rights which Article 9 of Regulation No 2408/92 on access for Community air carriers to intra-Community air routes constitutes a lex specialis vis-à-vis Article 8 of that regulation in the sense that Article 9 covers only part of the measures covered by Article 8Īnd makes application of the measures concerned subject to additional conditions, not laid down in Article 8. 12 EC EC‑Switzerland Agreement on Air Transport, Art. The context of the EC‑Switzerland Agreement on Air Transport European Union law – Principles – Equal treatment – Discrimination on grounds of nationality – Prohibition – Application in (EC‑Switzerland Agreement on Air Transport, Art. Transport – Air transport – Access of Community carriers to intra-Community routes – Operating rules for the exercise of traffic Transport – Air transport – Access of Community carriers to intra-Community routes – Measures taken by a Member State to limit (External relations – Agreement between the European Community and the Swiss Confederation on Air Transport – German measures relating to the approaches to Zurich airport – Regulation (EEC) No 2408/92 – Rights of the defence – Principle of non-discrimination – Principle of proportionality)ġ. Judgment of the General Court (Fifth Chamber) of 9 September 2010.Ĭonfédération suisse v European Commission.Įxternal relations - Agreement between the European Community and the Swiss Confederation on Air Transport - German measures relating to the approaches to Zurich airport - Regulation (EEC) No 2408/92 - Rights of the defence - Principle of non-discrimination - Principle of proportionality. # External relations - Agreement between the European Community and the Swiss Confederation on Air Transport - German measures relating to the approaches to Zurich airport - Regulation (EEC) No 2408/92 - Rights of the defence - Principle of non-discrimination - Principle of proportionality. # Confédération suisse v European Commission. Judgment of the General Court (Fifth Chamber) of 9 September 2010.
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