self-executing

  • Database international law in Belgian Courts
    03-05-05
    B.A.R. Belgium, NV Sabena and Deutsche Lufthansa AG v Municipality of Zaventem

    Belgian Council of State (Afdeling Administratie), B.A.R. Belgium, NV Sabena and Deutsche Lufthansa AG v Municipality of Zaventem; Belgian State v Municipality of Zaventem. Judgment Nr. 144.081, 3 May 2005

    Article 15 of the 1944 Chicago Convention on Civil Aviation - which was duly ratified by Belgium and published in the Official Gazette - stipulates that '[n]o fees, dues or other charges shall be imposed by any contracting State in respect solely of the right of transit over or entry into or exit from its territory of any aircraft of a contracting State or persons or property thereon'. According to the Council of State, it is clear from the language and intention of the States Parties that this provision is self-executing. Accordingly, the applicants can succesfully invoke the provision to annull a decree of the municipality of Zaventem introducing a tax on airlines flying to and from Brussels international airport.

This page is currently under construction. Please come back soon.