31The Commission submits that, unlike Article 59 of the EC Treaty (now, after amendment, Article 49 EC), on the freedom to provide services within the Community, application of which to the transport sector was expressly excluded by Article 61 of the EC Treaty (now, after amendment, Article 51 EC), application of Article 52 of the Treaty is neither suspended nor excluded in relation to that sector. Article 52 applies in all sectors, including air transport, and, as a basic provision of the Treaty, also applies to the other areas falling within the competence of Member States (Case C-221/89 Factortame and Others [1991] ECR I-3905; Case C-151/96 Commission v Ireland [1997] ECR I-3327; Case C-336/96 G illy [1998] ECR I-2793; Case C-274/96 Bickeland Franz [1998] ECR I-7637 and Case C-212/97 Centros [1999] ECR I-1459).
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