The Court of Justice of the EU (CJEU) ruled in its
judgment of 18 March 2014 that an EU Member State (MS) may not deny access to
its airspace to an air carrier licensed by another MS. Such denial violates Arts
18 and 56 of the Treaty of the Functioning of the EU, which lay down respectively
the principle of non-discrimination on grounds of nationality between EU
nationals and the freedom of such national to provide services across the EU
(Case C-628/11).