ABSTRACT
As seen above, international air transportation has always been a matter that was dealt with by States through bilateral air service agreements. With the creation of the European Community and its continuous expansion to various policies, the question has arisen, whether the Community could or even should be responsible for the regulation of international aviation. With respect to the regulatory powers of the European Community, one needs to distinguish, whether the EC adopts acts that are binding on the Member States and/or the citizens of the Community or whether the Community concludes an international agreement with a non-EC country. For both kinds of activities the EC is granted competences in the EC Treaty. Competences that allow the EC to adopt acts that are binding upon the Member States and/or the citizens will be referred to in the following as internal competences or internal powers. Competences that enable the Community to conclude an international agreement are called hereafter treaty-making powers.
