CELEX: 62014CN0205
Language: en
Date: 2014-04-24 00:00:00
Title: Case C-205/14: Action brought on 24 April 2014  — European Commission v Portuguese Republic

7.7.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 212/18
            
         Action brought on 24 April 2014 — European Commission v Portuguese Republic
   (Case C-205/14)
   2014/C 212/20
   Language of the case: Portuguese
   
      Parties
   
   
      Applicant: European Commission (represented by: P. Guerra Andrade and F. Wilman, acting as Agents)
   
      Defendant: Portuguese Republic
   
      Form of order sought
   
   
               —
            
            
               Declare that, by failing to ensure the operational and financial independence of the body responsible for coordinating the allocation of slots, the Portuguese Republic has failed to fulfil its obligations under Article 4(2)(b) of Regulation (EEC) No 95/93; (1)
               
            
         
               —
            
            
               order the Portuguese Republic to pay the costs.
            
         
      Pleas in law and main arguments
   
   In Portugal, the body responsible for coordinating the allocation of slots is the ANA, a private commercial company which manages airports, and therefore does not satisfy the requirements relating to independence laid down in Regulation No 95/93.
   Since the Divisão de Coordenação Nacional de Slots forms an integral part of the ANA and is entirely dependant on the ANA, there is neither a situation of operational independence nor one of financial independence, contrary to what is required under EU law.
   
      (1)  Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJ 1993 L 14, p. 1).