The formal request to revoke the aviation deals was presented on 20 November in Strasbourg by EU Transport Commissioner Loyola de Palacio. In its first response, the US said it would consider such a move an "enormous mistake" and stated that Washington saw "no utility in denunciation of our aviation agreements".
The Commission's tough initiative was sparked by a European Court of Justice ruling on 5 November, which found parts of the bilateral (so-called "open skies") agreements illegal under EU law. The court argued that in the EU's single market, the pacts illegally discriminated between airlines on the basis of nationality (see also EurActiv on
6 November 2002). However, the court declined to give the Commission a full negotiating mandate.
While Ms de Palacio urged the Council to "grant a negotiating mandate for a common transatlantic aviation area with the United States", officials said that Europe's transport ministers will discuss the Commission's demands in early December. Britain has already indicated it had no intention of scrapping its bilateral transatlantic aviation deals with the US, as it would result in a "bad deal" for passengers.