LUXEMBOURG, 17/11/06 - The Netherlands was in the wrong with its aviation treaty with the US, the European Court of Justice's Solicitor-General Paolo Mengozzi has found.

The Solicitor-General advises the judges that the Netherlands does not have the right to conclude treaties on free aviation traffic. The country must leave this to the EU. Verdicts of the same tenor were already given in 2002 against eight other EU countries.

The Dutch State had argued that the European Commission had delayed too long to bring the Netherlands to the European Court as well. Legal security was allegedly thereby damaged. The Solicitor-General however finds that defence unconvincing.

The European Commission is currently negotiating with the US on behalf of all EU countries. The talks are not however going smoothly.

The Solicitor-General also has a substantive objection to the aviation treaty between the Netherlands and the US. The Netherlands has given the US the right to withdraw landing rights if airlines are no longer in the hands of the Dutch state or its citizens. The Solicitor-General considers this discriminatory: it should make no difference whether a company is owned by Dutch or other EU shareholders.

The Netherlands-US agreement will in any case remain in force until the EU and US have completed their negotiations, airline company KLM predicted. KLM and its parent company Air France are in favour of an EU treaty, as this would offer the group many opportunities to grow further.

The European Court of Justice will rule within a few months. The court generally adopts the advice of the Solicitor-General.