Air Transport Services, Non Discrimination an the General Rules of the Treaties

This article analyses two recent judgments of the European Court of Justice concerning the applicability of the 'general rules' of the EU Treaties, in particular the principle of non-discrimination, on air transport, and focuses on the relationship between those general rules on the one hand and the special status of air transport under the transport policy provisions on the other hand. The latter one being increasingly questionable, the European Court at least clarified this relationship as meaning different legislative instruments, but the same guiding principles within the scope of the EU Treaties.