# C_2006154EN.01000802.xml

| 1.7.2006 | EN | Official Journal of the European Union | C 154/8 |
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1.7.2006

EN

Official Journal of the European Union

C 154/8

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Reference for a preliminary ruling from the Tribunal Administrativo e Fiscal do Porto lodged on 7 April 2006 — Deutsche Lufthansa Aktiengesellschaft (LUFTHANSA) v ANA — Aeroportos de Portugal, S.A

(Case C-181/06)

(2006/C 154/18)

Language of the case: Portuguese

Referring court

Tribunal Administrativo e Fiscal do Porto

Parties to the main proceedings

Applicant: Deutsche Lufthansa Aktiengesellschaft (LUFTHANSA)

Applicant:

Defendant: ANA — Aeroportos de Portugal, S.A

Defendant:

Questions referred

| 1. | May the sum demanded by way of charges for administrative assistance and supervision, in accordance with Article 10(1) of Decree No 12/99 of 30 July 1999, be regarded as a fee having been ‘determined according to relevant, objective, transparent and non-discriminatory criteria’, as required by Article 16(3) of Directive 96/67 of the Council of the European Union of 15 October 1997? |
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1.

May the sum demanded by way of charges for administrative assistance and supervision, in accordance with Article 10(1) of Decree No 12/99 of 30 July 1999, be regarded as a fee having been ‘determined according to relevant, objective, transparent and non-discriminatory criteria’, as required by Article 16(3) of Directive 96/67 of the Council of the European Union of 15 October 1997?

| 2. | Is it in conflict, or incompatible, with the free access to the market for the provision of groundhandling services to third parties provided for by Article 6 of Council Directive 96/97 (1), for payment to be required of a sum by way of charges for administrative assistance and supervision, in accordance with Article 10(1) of Decree No 12/99 of 30 July 1999 and Article 18(2) of Decree-Law No 102/90 of 21 March 1990, as amended by Decree-Law No 280/99 of 26 July 1999, and other provisions fixing the amount of that sum? |
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2.

Is it in conflict, or incompatible, with the free access to the market for the provision of groundhandling services to third parties provided for by Article 6 of Council Directive 96/97 (1), for payment to be required of a sum by way of charges for administrative assistance and supervision, in accordance with Article 10(1) of Decree No 12/99 of 30 July 1999 and Article 18(2) of Decree-Law No 102/90 of 21 March 1990, as amended by Decree-Law No 280/99 of 26 July 1999, and other provisions fixing the amount of that sum?

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| 3. | Is it in conflict, or incompatible, with the completion of the internal market and the principles laid down in Articles 3(c) and 4 of the EC Treaty, for payment to be required of a sum by way of charges for administrative assistance and supervision, in accordance with Article 10(1) of Decree No 12/99 of 30 July 1999 and Article 18(2) of Decree-Law No 102/90 of 21 March 1990, as amended by Decree-Law No 280/99 of 26 July 1999, and other provisions fixing the amount of that sum? |
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3.

Is it in conflict, or incompatible, with the completion of the internal market and the principles laid down in Articles 3(c) and 4 of the EC Treaty, for payment to be required of a sum by way of charges for administrative assistance and supervision, in accordance with Article 10(1) of Decree No 12/99 of 30 July 1999 and Article 18(2) of Decree-Law No 102/90 of 21 March 1990, as amended by Decree-Law No 280/99 of 26 July 1999, and other provisions fixing the amount of that sum?

| 4. | May requiring payment of a sum by way of charges for administrative assistance and supervision, in accordance with Article 10(1) of Decree No 12/99 of 30 July 1999 and Article 18(2) of Decree-Law No 102/90 of 21 March 1990, as amended by Decree-Law No 280/99 of 26 July 1999, and other provisions fixing the amount of that sum, be regarded as abuse within the meaning of Article 82 of the EC Treaty? |
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4.

May requiring payment of a sum by way of charges for administrative assistance and supervision, in accordance with Article 10(1) of Decree No 12/99 of 30 July 1999 and Article 18(2) of Decree-Law No 102/90 of 21 March 1990, as amended by Decree-Law No 280/99 of 26 July 1999, and other provisions fixing the amount of that sum, be regarded as abuse within the meaning of Article 82 of the EC Treaty?

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(1)  Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ 1996 L 272, p. 36).

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