'Open skies agreements' are bilateral aviation agreements with the United States the aim of which is to liberalise international aviation markets and minimise government intervention. Elements of such agreements include1:
(1) free market competition;
(2) the determination of pricing by market forces;
(3) fair and equal competition;
(4) co-operative marketing arrangements;
(5) provisions for dispute settlement and consultation;
(6) liberal charter arrangements;
(7) arrangements for safety and security; and
(8) liberal rights for all-cargo services.
Such agreements had been concluded between the United States and the United Kingdom2 and other EU member states, but the European Court of Justice had
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