CELEX: C2007/199/18
Language: en
Date: 2007-08-25 00:00:00
Title: Case C-181/06: Judgment of the Court (Second Chamber) of 5 July 2007 (reference for a preliminary ruling from the Tribunal Administrativo e Fiscal do Porto — Portugal) — Deutsche Lufthansa AG v ANA-Aeroportos de Portugal SA (Air transport — Airports — Groundhandling — Levying of a fee for ground administration and supervision)

25.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 199/11
            
         Judgment of the Court (Second Chamber) of 5 July 2007 (reference for a preliminary ruling from the Tribunal Administrativo e Fiscal do Porto — Portugal) — Deutsche Lufthansa AG v ANA-Aeroportos de Portugal SA
   (Case C-181/06) (1)
   
   (Air transport - Airports - Groundhandling - Levying of a fee for ground administration and supervision)
   (2007/C 199/18)
   Language of the case: Portuguese
   Referring court
   Tribunal Administrativo e Fiscal do Porto
   Parties to the main proceedings
   
      Applicant: Deutsche Lufthansa AG
   
      Defendant: ANA — Aeroportos de Portugal SA,
   Re:
   Reference for a preliminary ruling — Tribunal Administrativo e Fiscal — Interpretation of Article 16(3) of Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ 1996 L 272, p. 36) — Access to the groundhandling market at Community airports — Levying of a fee for access to the market in ground administrative assistance and supervision services
   Operative part of the judgment
   Community law precludes rules of national law such as those provided for by Article 10(1) of Decree No 12/99 of 30 July 1999, and Article 18(2) of Decree-Law No 120/90 of 21 March 1990, as amended by Decree-Law No 280/99 of 26 July 1999, unless the fee for ground administration and supervision provided for by that legislation is payable as the consideration for some or all of the services defined in paragraph 1 of the Annex to Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports and does not constitute a second charge for services already paid for through another fee or tax. If the examination carried out by the referring court discloses that the fee at issue in the main proceedings constitutes a fee for access to the airport installations, it is a matter for that court to ascertain whether the fee at issue meets the criteria of relevance, objectivity, transparency and non-discrimination as specified in Article 16(3) of Directive 96/67.
   
      (1)  OJ C 154, 1.7.2006.