CELEX: C2001/227/01
Language: en
Date: 2001-08-11 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 26 June 2001 in Case C-70/99: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Air travel within the Community — Different rates of airport tax for national and intra-Community flights — Freedom to provide services — Regulation (EEC) No 2408/92)

11.8.2001               EN                      Official Journal of the European Communities                                                   C 227/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       after amendment, Article 49 EC) and Article 3(1) of Council
                                                                             Regulation (EEC) No 2408/92 of 23 July 1992 on access for
                                                                             Community air carriers to intra-Community air routes (OJ
                         (Sixth Chamber)                                     1992 L 240, p. 8), — the Court (Sixth Chamber), composed
                                                                             of: C. Gulmann, President of the Chamber, V. Skouris,
                                                                             J.-P. Puissochet (Rapporteur), R. Schintgen and N. Colneric,
                          of 26 June 2001                                    Judges; S. Alber, Advocate General; L. Hewlett, Administrator,
                                                                             for the Registrar, has given a judgment on 26 June 2001, in
                                                                             which it:
in Case C-70/99: Commission of the European Communi-
                 ties v Portuguese Republic (1)
                                                                             1.    Declares that, by introducing under Article 10 of Decreto
(Failure of a Member State to fulfil its obligations — Air                         Regulamentar (Regulatory Decree) No 38/91 of 29 July 1991
travel within the Community — Different rates of airport                           a higher passenger service tax for intra-Community flights than
tax for national and intra-Community flights — Freedom to                          that applicable to domestic flights and by introducing under
     provide services — Regulation (EEC) No 2408/92)                               Decreto-Lei (Decree-Law) No 102/91 of 8 March 1991 and
                                                                                   its implementing orders a higher security tax for intra-
                                                                                   Community flights than that applicable to certain domestic
                          (2001/C 227/01)
                                                                                   flights, the Portuguese Republic has failed to fulfil its obligations
                                                                                   under the combined provisions of Article 59 of the EC Treaty
                                                                                   (now after amendment, Article 49 EC) and Article 3(1) of
                 (Language of the case: Portuguese)                                Council Regulation (EEC) No 2408/92 of 23 July 1992 on
                                                                                   access for Community air carriers to intra-Community air
                                                                                   routes;
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                            2.    Orders the Portuguese Republic to pay the costs.
In Case C-70/99: Commission of the European Communities
(Agents: F. Benyon and F. de Sousa Fialho) v Portuguese
Republic (Agents: L. Fernandes, M.L. Duarte and F. Viegas) —
application for a declaration that, by maintaining in force                  (1) OJ C 136 of 15.5.1999.
Article 10 of Decreto Regulamentar (Regulatory Decree)
No 38/91 of 29 July 1991 (Diário da República I, Series B,
No 172 of 29 July 1994), which provides that flights from
Portugal to other Member States are subject to higher security
taxes than those applicable to certain domestic flights, the
Portuguese Republic has failed to fulfil its obligations under
the combined provisions of Article 59 of the EC Treaty (now,