In its judgment of 5 November 2002, in Case C-469/98, Commission v Finland, the Court of Justice emphasises that, even if the Community's external competence in the field of air transport may arise by implication from provisions of the Treaty, this case does not disclose a situation in which the Community's internal competence could effectively be exercised only at the same time as its external competence and, therefore, the Community could not validly claim that there was an exclusive external competence to conclude an air transport agreement with the United States of America.