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2013-3 E.C.R. 1 (2013)

handle is hein.intyb/rcbjcofi0345 and id is 1 raw text is: VRw Reports of Cases Case C-547/10P Swiss Confederation V European Commission (Appeal - External relations - Agreement between the European Community and the Swiss Confederation on air transport - Regulation (EEC) No 2408/92 - Access of Community air carriers to intra-Community air routes - Articles 8 and 9 - Scope - Exercise of traffic rights - Decision 2004/12/EC - German measures relating to the approaches to Zurich Airport - Duty to state reasons - Non-discrimination - Proportionality - Burden of proof) Summary - Judgment of the Court (Third Chamber), 7 March 2013 1. Transport - Air transport - Access of Community air carriers to intra-Community air routes - Measures adopted by a Member State to limit or refuse the exercise of traffic rights - Conditions under which applicable (Council Regulation No 2408/92, Art. 8(2) and 9(1)) 2. Acts of the institutions - Statement of reasons - Obligation - Scope (Art. 296 TFEU) 3. International agreements - EC-Switzerland Air Transport Agreement - Interpretation - Transposition to that agreement of the interpretation given to the provisions of European Union law relating to the freedom to provide services - Not included (EC-Switzerland Air Transport Agreement) 4. Transport - Air transport - Access of Community air carriers to intra-Community air routes - Operational rules relating to the exercise of traffic rights - Examination by the Commission of a measure adopted by a Member State to ensure the application of those rules - Purpose of that examination in the context of the EC-Switzerland Air Transport Agreement (EC-Switzerland Air Transport Agreement, Art. 15(1); Council Regulation No 2408/92, Art. 8(1) to (3)) 5. Appeals - Grounds - Incorrect assessment of the facts and evidence - Inadmissibility - Review by the Court of the assessment of the facts and evidence - Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) ECLI:EU:C:2013:139 1

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