By ruling of 2 June 2022, the EU Court of Justice (CJEU) has pronounced itself on the interpretation of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky, and Article 8 thereof in particular. In short, the CJEU had to strike a balance between rights of airlines and obligations for air navigation service providers under the Single European Sky, and delivered a rather unexpected but welcomed ruling.
According to the CJEU, airspace users, such as air carriers, have a right of effective right of recourse before national courts against the provider of air traffic services, including to bring an action against the provider for the alleged failure to fulfil the duty to provide services imposed on that provider.
Furthermore, the CJEU held that Regulation No 550/2004 must be interpreted as meaning that it excludes the application of the competition rules laid down in the FEU Treaty to the provision of air navigation services linked to the exercise of prerogatives of public power, but that it does not exclude the application of the rules of the FEU Treaty and of this Charter relating to the rights and freedoms of airspace users.
Air and Space Law