# C_2012080EN.01000901.xml

| 17.3.2012 | EN | Official Journal of the European Union | C 80/9 |
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17.3.2012

EN

Official Journal of the European Union

C 80/9

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Reference for a preliminary ruling from the Oberlandesgericht Braunschweig (Germany) lodged on 7 December 2011 — Proceedings for a financial penalty against International Jet Management GmbH

(Case C-628/11)

2012/C 80/11

Language of the case: German

Referring court

Referring court

Oberlandesgericht Braunschweig

Parties to the main proceedings

Parties to the main proceedings

International Jet Management GmbH

Questions referred

Questions referred

| 1. | Does it fall within the scope of the prohibition of discrimination laid down in Article 18 TFEU (formerly Article 12 EC) if a Member State (Federal Republic of Germany) requires an airline to obtain permission to make inward flights in respect of charter flights (commercial flights in non-scheduled traffic) from non-member countries into the territory of that Member State, where that airline holds a valid operating licence within the meaning of Articles 3 and 8 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community, issued in another Member State (Republic of Austria)? |
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1.

Does it fall within the scope of the prohibition of discrimination laid down in Article 18 TFEU (formerly Article 12 EC) if a Member State (Federal Republic of Germany) requires an airline to obtain permission to make inward flights in respect of charter flights (commercial flights in non-scheduled traffic) from non-member countries into the territory of that Member State, where that airline holds a valid operating licence within the meaning of Articles 3 and 8 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community, issued in another Member State (Republic of Austria)?

| 2. | If the reply to question 1 is in the affirmative, is the requirement for permission in itself contrary to Article 18 TFEU (formerly Article 12 EC) if permission to make an inward flight, the obtaining of which can be enforced by means of an administrative fine, is required for flight services from non-member countries by airlines which have received an operating licence in the other Member States, but not by airlines with an operating licence in the Federal Republic of Germany? |
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2.

If the reply to question 1 is in the affirmative, is the requirement for permission in itself contrary to Article 18 TFEU (formerly Article 12 EC) if permission to make an inward flight, the obtaining of which can be enforced by means of an administrative fine, is required for flight services from non-member countries by airlines which have received an operating licence in the other Member States, but not by airlines with an operating licence in the Federal Republic of Germany?

| 3. | If the case falls within the scope of Article 18 TFEU (formerly Article 12 EC) (question 1) but the requirement for permission is not itself found to be discriminatory (question 2), may the grant of permission to make an inward flight in respect of the appellant’s flight services from non-member countries to the Federal Republic of Germany be made conditional, on pain of an administrative fine, and without breaching the prohibition of discrimination, on whether the airline of the Member State proves to the authority which grants permission that airlines with an operating licence in the Federal Republic of Germany are not in a position to carry out the flights (non-availability declaration)? |
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3.

If the case falls within the scope of Article 18 TFEU (formerly Article 12 EC) (question 1) but the requirement for permission is not itself found to be discriminatory (question 2), may the grant of permission to make an inward flight in respect of the appellant’s flight services from non-member countries to the Federal Republic of Germany be made conditional, on pain of an administrative fine, and without breaching the prohibition of discrimination, on whether the airline of the Member State proves to the authority which grants permission that airlines with an operating licence in the Federal Republic of Germany are not in a position to carry out the flights (non-availability declaration)?

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