This article investigates (1) whether the European Community (EC) has an own territory in terms of jurisdiction, (2) how this is presented in the field of transport, and (3) whether the EC can function without this territory. Throughout the substantive law on transport policy, a whole range of terms can be found defining the extension of validity of its substantive law and describing the location of elements ruled by this law. It appears that not a single indication of the term 'communitary territory' can be found in the treaties, the jurisprudence or in the substantive law. The EC has no legal possibilities for exercising its influence independently from its member states. However, the EC has some legal status. However, the EC has some legal power over the field in which its legislation is effective. This is illustrated by the development of an extensive EC transport policy.
Samenvatting