Opinion of the Advocate General — ECLI:EU:C:2007:238
Date: 2007-04-19
Language of the case: Portuguese
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Transport
Procedure: Reference for a preliminary ruling
Origin: Portugal

Summary of the Judgment Transport – Air transport – Access to the groundhandling market at Community airports (Council Directive 96/67, Art. 16(3) and Annex, point 1) Community law precludes rules of national law which provide for the payment to the airport managing authority by providers of groundhandling services of a fee for ground administration and supervision, unless the fee for ground administration and supervision provided for by that legislation is payable as the consideration for some or all of the services defined in paragraph 1 of the Annex to Council Directive 96/67 on access to the groundhandling market at Community airports and does not constitute a second charge for services already paid for through another fee or tax. If the examination carried out by the referring court discloses that that fee constitutes a fee for access to the airport installations, it is a matter for that court to ascertain whether the fee at issue meets the criteria of relevance, objectivity, transparency and non-discrimination as specified in Article 16(3) of Directive 96/67. (see para. 29, operative part)