Opinion of the Advocate General — ECLI:EU:C:2003:56
Date: 2003-01-28
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Transport
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
Transport — Air transport — Access to the groundhandling market at Community 
airports — Collection of an access fee — Not permissible — Collection of an access fee 
for use of airport installations — Conditions 
(Council Directive 96/67, Art. 16(3)) 
I-11893 
SUMMARY — CASE C-363/01 
Directive 96/67 on access to the ground-
handling market at Community airports, in 
particular Article 16(3) thereof, precludes 
the managing body of an airport from 
making access to the groundhandling mar­
ket in the airport subject to payment by a 
supplier of groundhandling services or self-
handler of an access fee as consideration 
for the grant of a commercial opportunity, 
in addition to the fee payable by that 
supplier or self-handler for the use of the 
airport installations. On the other hand, 
that body is entitled to collect a fee for the 
use of airport installations, of an amount, 
to be determined according to the criteria 
laid down in Article 16(3) of the Directive, 
which takes account of the interest of that 
body in making a profit. 
(see paras 60, 62-63, operative part) 
I -11894