L 337/42 Official Journal of the European Communities 12.12.98 COMMISSION COMMISSION DECISION of 16 September 1998 on a procedure relating to the application of Council Regulation (EEC) No 2408/92 (Case VII/AMA/11/98 — Italian traffic distribution rules for the airport system of Milan) (notified under document number C(1998) 2625) (Only the Italian text is authentic) (Text with EEA relevance) (98/710/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes ('), as amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 8(3) thereof, After consulting the Advisory Committee established under Article 11 of that Regulation, Whereas: BACKGROUND I (1) On 16 February 1998 the air carriers British Airways, Iberia, Lufthansa, Olympic Airways, Sabena, Scandinavian Airlines System and TAP Air Portugal submitted to the Commission a joint request asking for it to take a decision with the effect of: (i) declaring the traffic distribution rules adopted by the Italian authorities for the airport system of Milan (‘the Italian rules’) incompatible with Community law, in particular with Regulation (EEC) No 2408/92; (i) requiring the Italian authorities not to apply those rules and to adopt other rules fully compatible with Community law. (20 On 15 April 1998, Air France informed the Commission that it was joining the abovemen- tioned carriers in their action against the Italian rules. (3)  On 22 April 1998, those carriers submitted to the Commission an additional request asking it to take an interim decision prior to any decision on the substance of the Italian rules in order to ensure that those rules are not put into effect until adequate transport links to Malpensa airport are established. () OJ L 240, 24. 8. 1992, p. 8.