CELEX: C2004/007/20
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 6 November 2003 in Case C-358/01: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Article 28 EC — Prohibition on marketing under the name "limpiador con lejía" ("cleaner with bleach") of goods lawfully manufactured and marketed in other Member States where their active chlorine content is less than 35 g/l)

10.1.2004               EN                           Official Journal of the European Union                                                     C 7/13
                 JUDGMENT OF THE COURT                                                         JUDGMENT OF THE COURT
                          (Fifth Chamber)                                                               (Sixth Chamber)
                                                                                                     of 16 October 2003
                       of 6 November 2003
                                                                             in Case C-363/01 (Reference for a preliminary ruling from
in Case C-358/01: Commission of the European Communi-                        the Oberlandesgericht Frankfurt am Main): Flughafen
                   ties v Kingdom of Spain (1)                               Hannover-Langenhagen GmbH v Deutsche Lufthansa
                                                                                                               AG (1)
(Failure of a Member State to fulfil obligations — Article 28
EC — Prohibition on marketing under the name ‘limpiador                      (Air transport — Access to the groundhandling market in
con lejía’ (‘cleaner with bleach’) of goods lawfully manufac-                Community airports — Directive 96/67/EC — Article 16 —
tured and marketed in other Member States where their                        Collection of a fee for access to airport installations —
           active chlorine content is less than 35 g/l)                                                    Conditions)
                                                                                                          (2004/C 7/21)
                           (2004/C 7/20)
                                                                                                 (Language of the case: German)
                   (Language of the case: Spanish)
                                                                             (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                           in the European Court Reports)
                   in the European Court Reports)
                                                                             In Case C-363/01: Reference to the Court under Article 234 EC
                                                                             by the Oberlandesgericht Frankfurt am Main (Germany) for a
In Case C-358/01, Commission of the European Communities                     preliminary ruling in the proceedings pending before that
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent: N. Díaz                court between Flughafen Hannover-Langenhagen GmbH and
Abad): Application for a declaration that, by refusing access to             Deutsche Lufthansa AG on the interpretation of Article 16(3)
the Spanish market under the name of ‘limpiador con lejía’                   of Council Directive 96/67/EC of 15 October 1996 on access
(‘cleaner with bleach’) or similar to products lawfully manufac-             to the groundhandling market at Community airports (OJ
tured and marketed in other Member States where their active                 1996 L 272, p. 36), the Court (Sixth Chamber), composed of:
chlorine content is less than 35 grams per litre, the Kingdom                J.-P. Puissochet, President of the Chamber, C. Gulmann,
of Spain has failed to fulfil its obligations under Article 28 EC,           V. Skouris, N. Colneric and J.N. Cunha Rodrigues (Rapporteur),
the Court (Fifth Chamber), composed of: D.A.O. Edward                        Judges; J. Mischo, Advocate General; H.A. Rühl, Principal
(Rapporteur), acting for the President of the Fifth Chamber,                 Administrator, for the Registrar, has given a judgment on
A. La Pergola and P. Jann, Judges; S. Alber, Advocate General;               16 October 2003, in which it has ruled:
R. Grass, Registrar, has given a judgment on 6 November
2003, in which it:
                                                                             Council Directive 96/67/EC of 15 October 1996 on access to
                                                                             the groundhandling market at Community airports, in particular
                                                                             Article 16(3) thereof, precludes the managing body of an airport
1.    Declares that, by refusing access to the Spanish market under
                                                                             from making access to the groundhandling market in the airport
      the name of ‘limpiador con lejía’ (cleaner with bleach) or similar
                                                                             subject to payment by a supplier of groundhandling services or self-
      to products lawfully manufactured and marketed in other
                                                                             handler of an access fee as consideration for the grant of a commercial
      Member States where their active chlorine content is less than
                                                                             opportunity, in addition to the fee payable by that supplier or self-
      35 grams per litre, the Kingdom of Spain has failed to fulfil its
                                                                             handler for the use of the airport installations. On the other hand,
      obligations under Article 28 EC.
                                                                             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
2.    Orders the Kingdom of Spain to pay the costs.                          Article 16(3) of the Directive, which takes account of the interest of
                                                                             that body in making a profit.
(1) OJ C 303 of 27.10.2001.
                                                                             (1) OJ C 3 of 5.1.2002.