CELEX: C2003/083/05
Language: en
Date: 2003-04-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 6 February 2003 in Case C-92/01 (Reference for a preliminary ruling from the Monomeles Dioikitiko Protodikeio Irakleiou): Georgios Stylianakis v Elliniko Dimosio (Article 8a of the EC Treaty (now, after amendment, Article 18 EC) — European citizenship — Article 59 of the Treaty (now, after amendment, Article 49 EC) — Freedom to provide services — Community air transport — Airport tax — Discrimination — Regulation (EEC) No 2408/92)

5.4.2003                   EN                         Official Journal of the European Union                                                C 83/3
                   JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                            (Sixth Chamber)                                                             (Sixth Chamber)
                          of 13 February 2003                                                         of 6 February 2003
in Case C-75/01: Commission of the European Communi-                          in Case C-92/01 (Reference for a preliminary ruling
              ties v Grand Duchy of Luxembourg ( 1)                           from the Monomeles Dioikitiko Protodikeio Irakleiou):
                                                                                        Georgios Stylianakis v Elliniko Dimosio (1)
(Failure by a Member State to fulfil its obligations —
Directive 92/43/EEC — Conservation of natural habitats —                      (Article 8a of the EC Treaty (now, after amendment, Article
                          Wild fauna and flora)                               18 EC) — European citizenship — Article 59 of the Treaty
                                                                              (now, after amendment, Article 49 EC) — Freedom to
                                                                              provide services — Community air transport — Airport tax
                             (2003/C 83/04)                                        — Discrimination — Regulation (EEC) No 2408/92)
                       (Language of the case: French)                                                    (2003/C 83/05)
(Provisional translation; the definitive translation will be published                            (Language of the case: Greek)
                      in the European Court Reports)
                                                                              (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
In Case C-75/01: Commission of the European Communities
(Agents: B. Wainwright and J. Adda) against Grand Duchy of
Luxembourg (Agent: J. Faltz) — application for a declaration
that, by failing to take all the necessary measures to implement              In Case C-92/01: Reference to the Court under Article 234 EC
fully and correctly Articles 1, 4(5), 5(4), 6, 7, 12(1)(b) and (c),           by the Monomeles Diikitiko Protodikio Irakliou (Greece) for a
12(2), 12(4), 13(1)(b) and 13(2), 14, 15, 16(1), 22(b) and (c),               preliminary ruling in the proceedings pending before that
and 23(2) of Council Directive 92/43/EEC of 21 May 1992 on                    court between Georgios Stylianakis and Elliniko Dimosio, on
the conservation of natural habitats and of wild fauna and                    the interpretation of Articles 8a and 59 of the EC Treaty (now,
flora (OJ 1992 L 206, p. 7) in conjunction with annexes I, II,                after amendment, Articles 18 and 49 EC) and Article 3(1) of
IV, V and VI of that directive, the Grand Duchy of Luxembourg                 Council Regulation (EEC) No 2408/92 of 23 July 1992 on
has failed to fulfil its obligations under the directive and under            access for Community air carriers to intra-Community air
the third paragraph of Article 249 EC — the Court of Justice                  routes (OJ 1992 L 240, p. 8), the Court (Sixth Chamber),
(Sixth Chamber), composed of J.-P. Puissochet, President of the               composed of: J.-P. Puissochet (Rapporteur), President of the
Chamber, and C. Gulmann (Rapporteur) and V. Skouris.                          Chamber, R. Schintgen, V. Skouris, F. Macken and J.N. Cunha
F. Macken and N. Colneric, Judges; A. Tizzano, Advocate                       Rodrigues, Judges; S. Alber, Advocate General; R. Grass,
General; R. Grass, Registrar, gave a judgment on 13 February                  Registrar, has given a judgment on 6 February 2003, in which
2003, in which it:                                                            it has ruled:
1.    Declared that, by failing to take all the necessary measures to         Article 3(1) of Council Regulation (EEC) No 2408/92 of 23 July
                                                                              1992 on access for Community air carriers to intra-Community air
      implement fully and correctly Articles 1, 4(5), 5(4), 6, 7,
                                                                              routes precludes a measure adopted by a Member State, such as that
      12(1)(b) and (c), 12(2), 12(4), 13(1)(b), 14, 15, 16(1),
                                                                              at issue in the main proceedings, which imposes on, for the most
      22(b), and 23(2) of Council Directive 92/43/EEC of 21 May
                                                                              part, flights to other Member States higher airport tax than that
      1992 on the conservation of natural habitats and of wild fauna
      and flora in conjunction with annexes I, II, IV, V and VI of            applicable to domestic flights within that Member State unless it is
                                                                              shown that those taxes compensate airport services necessary for the
      that directive, the Grand Duchy of Luxembourg has failed to
                                                                              processing of passengers and that the cost of those services provided
      fulfil its obligations under the directive;
                                                                              to passengers flying to other Member States is proportionately higher
                                                                              than the cost of those services necessary for the processing of
2.    Ordered Luxembourg to pay the costs.                                    passengers on domestic flights.
( 1) OJ C 118 of 21.4.2001.                                                   (1 ) OJ C 150 of 19.5.2001.