The adoption in December 1987 of two Regulations, a Directive and a Decision by the Council of the European Communities, marks a significant step in the development of a Community policy on air transport. While some Member States may have been genuinely motivated by a desire to reap the fruits of Community action in this area, it seems probable that others felt that the application of the Community’s rules of competition could be more effectively controlled through Council action rather than if a policy were allowed to emerge through decisions of the European Court of Justice. Thus, while decisions or rulings by the court, most notably that in the Nouvelles Frontières case,1 cannot be viewed as having put a rocket under the Member States, the lurking fear that a ruling might be made which could somehow