Opinion of the Advocate General — ECLI:EU:C:2002:567
Date: 2002-10-08
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Citizenship of the Union;Freedom to provide services;Transport
Procedure: Reference for a preliminary ruling
Origin: Greece

Summary of the Judgment 
Transport — Air transport — Freedom to provide services — Restrictions — National 
rules providing for different rates of airport tax for national and intra-Community 
flights — Conditions governing permissibility 
(Council Regulation No 2408/92, Art. 3(1)) 
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SUMMARY — CASE C-92/01 
Article 3(1) of Regulation No 2408/92 on 
access for Community air carriers to intra-
Community air routes, the purpose of 
which is to define the conditions for 
applying in the air transport sector the 
principle of the freedom to provide ser­
vices, precludes a measure adopted by a 
Member State which imposes on, for the 
most part, flights to other Member States 
higher airport tax than that applicable to 
domestic flights within that Member State 
unless it is shown that those taxes com­
pensate airport services necessary for the 
processing of passengers and that the cost 
of those services provided to passengers 
flying to other Member States is propor­
tionately higher than the cost of those 
services necessary for the processing of 
passengers on domestic flights. 
(see para. 29, operative part) 
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