# C_2020339EN.01000801.xml

| 12.10.2020 | EN | Official Journal of the European Union | C 339/8 |
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12.10.2020

EN

Official Journal of the European Union

C 339/8

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Request for a preliminary ruling from the Tribunal de l’Entreprise du Hainaut, division de Charleroi (Belgium) lodged on 31 July 2020 — Skeyes v Ryanair DAC, formerly Ryanair Ltd

(Case C-353/20)

(2020/C 339/10)

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, formerly Ryanair Ltd

Questions referred

| 1. | Must Regulation No 550/2004, (1) in particular Article 8 thereof, be interpreted as meaning that it authorises the Member States to remove from review by the courts of that Member State any alleged failures to fulfil the obligation to provide services by the air traffic services provider, or must the provisions of that regulation be interpreted as meaning that they require the Member States to provide an effective remedy against any such alleged breaches, account being taken of the nature of the services to be provided? |
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1.

Must Regulation No 550/2004, (1) in particular Article 8 thereof, be interpreted as meaning that it authorises the Member States to remove from review by the courts of that Member State any alleged failures to fulfil the obligation to provide services by the air traffic services provider, or must the provisions of that regulation be interpreted as meaning that they require the Member States to provide an effective remedy against any such alleged breaches, account being taken of the nature of the services to be provided?

| 2. | Must Regulation No 550/2004, inasmuch as it states that ‘the provision of air traffic services, as envisaged by this Regulation, is connected with the exercise of the powers of a public authority, which are not of an economic nature justifying the application of the Treaty rules on competition’, be interpreted as excluding not only the rules on competition per se, but also any other rules applicable to public undertakings active on a market for goods and services which have an indirect effect on competition, such as those prohibiting hindrances to the freedom to conduct business and to provide services? |
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2.

Must Regulation No 550/2004, inasmuch as it states that ‘the provision of air traffic services, as envisaged by this Regulation, is connected with the exercise of the powers of a public authority, which are not of an economic nature justifying the application of the Treaty rules on competition’, be interpreted as excluding not only the rules on competition per se, but also any other rules applicable to public undertakings active on a market for goods and services which have an indirect effect on competition, such as those prohibiting hindrances to the freedom to conduct business and to provide services?

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(1)  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 (the service provision Regulation) (OJ 2004 L 96, p. 10).

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