Today, in the time of developed aviation, it is unthinkable to imagine a part of the world in which air traffic control services would not be available to aircraft. Technology has reached a level where even on personal phones anyone can see the position of a particular aircraft in flight. By increasing the number of flights and increasingly busy airspace, the state is also increasing the responsibility of controllers without whom air traffic would not make sense. The aim of this paper is to analyse the obligation of a sovereign state to provide air traffic control services and what they all involve. Special attention shall be paid to the way in which they are liable for failures in the performance of that obligation. Additionally, the legal standardization of air traffic control by the International Civil Aviation Organization, both from 1944 to the present day, is also analyzed. Moreover, it will also highlight the importance of annexes to the Convention on International Civil Aviation and the importance of legal regulation supplementing technological progress. Furthermore, I will analyse the case law and provide examples of cases where there has been a question of liability of air traffic control providers.