CELEX: C2002/003/18
Language: en
Date: 2002-01-05 00:00:00
Title: Case C-363/01: Reference for a preliminary ruling by the Oberlandesgericht, Frankfurt am Main, by order of that court of 10 July 2001 in the case of Flughafen Hannover-Langenhagen GmbH v Deutsche Lufthansa AG

5.1.2002               EN                    Official Journal of the European Communities                                         C 3/13
2.   Do the labelling Directive or Articles 28 and 30 EC                2.   If the answer to Question 1 — first alternative — is
     preclude a national provision which, on the placing into                affirmative, does the airport operator also have the right
     circulation of foodstuffs, permits health-related infor-                to claim such a licence fee from a self-handler and/or
     mation such as that described in question (1) to be affixed             supplier of handling services to third parties (supplier in
     thereto only after prior authorisation by the competent                 the situation of the defendant in the main proceedings)
     federal minister, whereby a condition of authorisation is               in sectors where free access to the ground-handling
     that the health-related information is consistent with                  market was already guaranteed prior to entry into force
     protecting the consumer from being misled?                              of Directive 96/67, in particular in regard to land-side
                                                                             handling services?
(1) OJ L 33, p. 1.
                                                                        3.   If Question 2 is answered affirmatively, is Directive 96/67
                                                                             to be interpreted as entitling the managing body within
                                                                             the meaning of Article 3 also to demand payment of an
                                                                             additional licence fee as described in Question 1 for
                                                                             ‘access to airport installations’ from a self-handler and/or
                                                                             a supplier of services in the situation of the defendant in
                                                                             the main proceedings who, until entry into force of
                                                                             Directive 96/67 or of provisions transposing it into
                                                                             national law, paid (only) rent for the use of the relevant
                                                                             airport installations?
Reference for a preliminary ruling by the Oberlandesge-
richt, Frankfurt am Main, by order of that court of 10 July
2001 in the case of Flughafen Hannover-Langenhagen                      4.   May it even be mandatory to demand (additionally)
                GmbH v Deutsche Lufthansa AG                                 payment of a licence fee by a self-handler and/or supplier
                                                                             of handling services who has hitherto enjoyed free access
                                                                             to that market, or to the self-handling sector, without
                         (Case C-363/01)                                     being required to pay an additional licence fee, in order
                                                                             to prevent unequal treatment in relation to other self-
                                                                             handlers and suppliers of ground-handling services
                          (2002/C 3/18)
                                                                             (a)   who have already hitherto been requested to pay a
                                                                                   supplementary licence fee in addition to a user fee;
Reference has been made to the Court of Justice of the
European Communities by order of the Oberlandesgericht                       (b) who are for the first time granted access to airport
(Higher Regional Court), received at the Court Registry on                         installations on the basis of the legal situation
24 September 2001, for a preliminary ruling in the case of                         created by Directive 96/67 and are henceforth being
Flughafen Hannover-Langenhagen GmbH v Deutsche Lufthan-                            requested to pay a licence fee for such access
sa AG on the following questions:                                                  in addition to a further user fee for use of the
                                                                                   installations?
1.   Is Council Directive 96/67/EC (1) of 15 October 1996
     on access to the groundhandling market, in particular
     Article 16(3) thereof, in conjunction with recital 25 in           5.   In so far as Article 16(3) of Directive 96/67 entitles
     the preamble thereto, to be interpreted as meaning that                 an airport’s managing body to require payment of a
     the managing body of an airport within the meaning of                   supplementary licence fee as described above, does a
     Article 3 is entitled to demand from a self-handler and/or              licence fee which is required to be paid in addition to a
     a supplier of handling services to third parties payment                fee for use of check-in desks meet the requirements
     of a separate licence fee for the grant of ‘access to airport           of Article 16(3) in regard to relevance, objectivity,
     installations’ in the sense of an access fee in return for the          transparency and non-discrimination where it is deter-
     opening-up of a commercial opportunity in addition to a                 mined according to numbers of passengers (in this case
     user fee (rental) payable by the self-handler or a supplier             DM 0,30 per passenger checked in)?
     to third parties of handling services for the rental under
     contract of airport installations, in this case, passenger
     check-in desks;
                                                                        (1) OJ L 272, p. 36.
     or alternatively, does Directive 96/67 merely provide
     that, for the purposes of determining a user fee, account
     is to be taken of the criteria mentioned in Article 16(3)
     and regard is to be had to the interest of the managing
     body of the airport in achieving a profit?