Originally Posted by J-M
OP is twisting that section of code. That's related to the use of airspace (IE, the right to operate an aircraft in that airspace within the regulations). This is a completely different issue from a person purchasing a ticket on a private airline to provide transportation within the airspace. The right extends to the airline, not the traveller.
The right to free movement extends to the traveller with the means for travel, including with the means to travel on common carriers. Whether that traveller be an airline entity (including airline owner) or an individual person (including fare-paying passenger) with or without wings matters not, for the right is the right. Nothing privileged about that.