Tagged: Bilateral Agreements

Dispute Settlement and Interpretation in the Draft Framework Agreement between Switzerland and the EU

By Benedikt Pirker

All eyes were on the Wightman case in recent days. This may have somewhat overshadowed a second interesting development: On Friday 7 December the Swiss government (the Federal Council) decided to publish the result of its negotiations with the European Union on a Framework Agreement (FA) for their bilateral relationship. Such an agreement would form a sort of governing structure for the most important of the Bilateral Agreements that currently link the EU and Switzerland.

There is a complex political context to the negotiations of this draft agreement that I will deliberately leave aside for the present post (see for a recent overview over Swiss-EU relations here). To put it in a nutshell, since 2008 the EU requests this step from Switzerland, and since 2014 the EU and Switzerland have been negotiating a special agreement to cover the most crucial current and future (market-access oriented) agreements among the Bilateral Agreements currently in force between Switzerland and the EU. The goal is to create a more reliable framework (1) for Switzerland’s incorporation of EU legal acts in the relevant domains, (2) for the uniform interpretation and application of the Agreements and the EU law referenced therein, (3) for the surveillance of the application of those norms and (4) for the settlement of disputes (Article 1 (3) FA). Presently, I want to highlight two elements that seem to be of relevance beyond the confines of Swiss-EU relations: the solution found for the interpretation and dispute settlement of the FA and the law it covers. Continue reading

Court of Justice rejects Switzerland’s appeal concerning Zurich airport

After an Odyssey of nearly 10 years, the legal proceedings of Switzerland against German restrictions on flights to and from Zurich airport have come to an end:  The CJEU, in its judgement delivered on 7 March 2013 (Case C‑547/10 P), has rejected Switzerland’s appeal against the judgment of the General Court of 9 September 2010 (Case T‑319/05), by which the General Court had rejected Switzerland‘s action for annulment against Commission Decision 2004/12/EC of 5 December 2003 (OJ 2004 L 4, p. 13), thus allowing Germany to continue to apply unilateral restrictions on flights to and from Zurich airport over German territory.

Beyond its undoubtedly grave consequences for the airport of Zurich and all other affected stakeholders, the case was also particularly interesting from the point of view of Swiss-EU relations in general: As Advocate General Jääskinen pointed out in his Opinion delivered on 13 September 2012, this is the first time Switzerland initiated an action for annulment before the EU judiciary. Unfortunately, like the General Court before, the CJEU did not take the opportunity to assess the legal consequences of the Swiss-EU Agreements on the procedural status of Switzerland before the CJEU. Continue reading