719. 'Open skies' agreements.

'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.  

    (1)     free market competition;

  2.  

    (2)     the determination of pricing by market forces;

  3.  

    (3)     fair and equal competition;

  4.  

    (4)     co-operative marketing arrangements;

  5.  

    (5)     provisions for dispute settlement and consultation;

  6.  

    (6)     liberal charter arrangements;

  7.  

    (7)     arrangements for safety and security; and

  8.  

    (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