# C_2022284EN.01000601.xml

| 25.7.2022 | EN | Official Journal of the European Union | C 284/6 |
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25.7.2022

EN

Official Journal of the European Union

C 284/6

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Judgment of the Court (Third Chamber) of 2 June 2022 (request for a preliminary ruling from the Tribunal de l’Entreprise du Hainaut, division de Charleroi — Belgium) — Skeyes v Ryanair DAC

(Case C-353/20) (1)

(Reference for a preliminary ruling - Air transport - Regulation (EC) No 549/2004 - Regulation (EC) No 550/2004 - Air traffic service provider - Decision to close airspace - Exercise of public powers - Airspace user - Airlines - Right to appeal against a decision to close airspace - Article 58 TFEU - Freedom to provide services in the field of transport - Articles 16 and 47 of the Charter of Fundamental Rights of the European Union - Freedom to conduct a business - Right to an effective remedy)

(2022/C 284/03)

Language of the case: French

Referring court

Tribunal de l’Entreprise du Hainaut, division de Charleroi

Parties to the main proceedings

Applicant: Skeyes

Defendant: Ryanair DAC

Operative part of the judgment

| 1. | Article 8 of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the Single European Sky, as amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009, read in conjunction with Article 2(4) of Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the Single European Sky (‘the framework regulation’) as amended by Regulation No 1070/2009, and in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as conferring on airspace users, such as airlines, the right to an effective remedy, before the national courts, against air traffic service providers with a view to submitting to judicial review the alleged breaches of the latter’s obligation to provide services; |
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1.

Article 8 of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the Single European Sky, as amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009, read in conjunction with Article 2(4) of Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the Single European Sky (‘the framework regulation’) as amended by Regulation No 1070/2009, and in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as conferring on airspace users, such as airlines, the right to an effective remedy, before the national courts, against air traffic service providers with a view to submitting to judicial review the alleged breaches of the latter’s obligation to provide services;

| 2. | Regulation No 550/2004, as amended by Regulation No 1070/2009, read in the light of recital 5 and Article 58(1) TFEU and Article 16 of the Charter of Fundamental Rights, must be interpreted as meaning that it excludes the application of the competition rules laid down in the TFEU to the provision of air navigation services linked to the exercise of public powers, such as those provided for by that regulation, but that it does not exclude the application of the rules laid down in the TFEU and in that Charter relating to the rights and freedoms of airspace users, such as those relating to the freedom to provide transport services and the freedom to conduct a business. |
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2.

Regulation No 550/2004, as amended by Regulation No 1070/2009, read in the light of recital 5 and Article 58(1) TFEU and Article 16 of the Charter of Fundamental Rights, must be interpreted as meaning that it excludes the application of the competition rules laid down in the TFEU to the provision of air navigation services linked to the exercise of public powers, such as those provided for by that regulation, but that it does not exclude the application of the rules laid down in the TFEU and in that Charter relating to the rights and freedoms of airspace users, such as those relating to the freedom to provide transport services and the freedom to conduct a business.

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(1)  OJ C 339, 12.10.2020.

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