No L 127/22 Official Journal of the European Communities 19. 5. 94 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 27 April 1994 on a procedure relating to the application of Council Regulation (EEC) No 2408/92 (Case VII/AMA/II/93 — TAT — Paris (Orly)-London) (Only the French text is authentic) (94/290/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 ('), and in particular Article 8 (3) thereof, After consulting the Advisory Committee, Whereas : BACKGROUND On 10 September 1993 TAT European Airlines (whose registered office is at 47, rue Christiaan Huygens, 37100 Tours, France), sent a request to the Commission, based on Article 175 of the Treaty and Articles 3 (1) and 8 (1) and (3) of Regulation (EEC) No 2408/92, asking the Commission to: () OJ No L 240, 24. 8. 1992, p. 8. (i) declare illegal the refusal by the French authorities to grant it traffic rights to operate on the Paris (Orly)- London route; ' (i) call on the French authorities to grant it speedily the traffic rights in question ; (iii) call on the French authorities to draw up and publish rules for access to the Paris airport system in order to put an end to the present discriminatory arrange- ments ; (iv) take all steps necessary to give practical effect to the relevant provisions. By letter of 26 July 1993 to the French Ministry of Trans- port’s Directorate-General of Civil Aviation (hereinafter ‘DGAC"), TAT European Airlines (‘TAT’), pursuant to Article 3 (1) of Regulation (EEC) No 2408/92, requested permission to exercise traffic rights on the Paris (Orly)- London (Gatwick) route from 31 October 1993. TAT’s operating schedule was enclosed with the letter. It showed that the airline wished to operate four return services daily on the Orly-Gatwick route using Fokker 100 aircraft with a capacity of 102 seats. By letter of 18 August 1993 the DGAC replied to TAT that it was unable to approve the airline’s application to operate. This refusal was based on Article 8 of Regulation (EEC) No 2408/92 which leaves Member States free to regulate, without discrimination on grounds of nationality or identity of the air carrier, the distribution of traffic between the airports within an airport system. The Direc-