If an agreement does not contain the EU designation clause (all EU air carriers based in the territory of the EU Member State concerned have the opportunity to apply for available traffic rights), this would be contrary to the objectives of this common policy. In violation of the principle of freedom of establishment set out in Article 49 of the TFUE, such an agreement would continue to discriminate against EU companies on the basis of their nationality. The Scandinavian countries – Denmark, Norway and Sweden – have long-standing cooperation in aviation policy. Normally, Scandinavian countries negotiate in joint delegation with other countries. However, Denmark, Norway and Sweden conclude bilateral agreements with other countries, but with largely identical texts. The bilateral system is based on the Chicago Convention and related multilateral treaties. The Chicago Convention was signed in December 1944 and has governed international air services ever since. the convention also contains a number of annexes covering issues such as aviation safety, safety monitoring, seaworthiness, navigation, environmental protection and facilities (acceleration and departure at airports). DISCLAIMER The attached documents are internal department working papers, developed for selfish use. This document can only be used as a guide to services authorized and operated under bilateral air services agreements and agreements in Australia. The rights and capabilities negotiated under the bilateral air services agreement and Australia`s agreements are under ongoing review and airlines often change their operations. Because of the synthesis of the information contained in this document, the Commonwealth assumes no responsibility for the accuracy or currencies of the information provided. The rights provided, the synthesis of the timetable and capacity information should not be expected to be decisive or be invoked, and individuals should rely on their own investigations.
In November 2002, the European Court of Justice (ECJ) ruled that such a designation was discriminatory when an Air Services Agreement (ASA) between an EU Member State and a third country only allowed the designation of airlines owned and controlled by nationals of that SIGNATORy EU Member State and controlled by those persons.