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Document 62001CJ0092
Judgment of the Court (Sixth Chamber) of 6 February 2003. # Georgios Stylianakis v Elliniko Dimosio. # Reference for a preliminary ruling: Monomeles Dioikitiko Protodikeio Irakleiou - Greece. # 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. # Case C-92/01.
Euroopa Kohtu otsus (kuues koda), 6. veebruar 2003.
Georgios Stylianakis versus Elliniko Dimosio.
Eelotsusetaotlus: Monomeles Dioikitiko Protodikeio Irakleiou - Kreeka.
Kohtuasi C-92/01.
Euroopa Kohtu otsus (kuues koda), 6. veebruar 2003.
Georgios Stylianakis versus Elliniko Dimosio.
Eelotsusetaotlus: Monomeles Dioikitiko Protodikeio Irakleiou - Kreeka.
Kohtuasi C-92/01.
ECLI identifier: ECLI:EU:C:2003:72
«(Article 8a of the EC Treaty (now, after amendment, Article 18 EC) – European citizenship – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) – Freedom to provide services – Community air transport – Airport tax – Discrimination – Regulation (EEC) No 2408/92)»
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(Council Regulation No 2408/92, Art. 3(1))
JUDGMENT OF THE COURT (Sixth Chamber)
6 February 2003 (1)
((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))
In Case C-92/01, REFERENCE to the Court under Article 234 EC by the Monomeles Diikitiko Protodikio Irakliou (Greece) for a preliminary ruling in the proceedings pending before that court between Georgios Stylianakisand
Elliniko Dimosio , on the interpretation of Articles 8a and 59 of the EC Treaty (now, after amendment, Articles 18 and 49 EC) and Article 3(1) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (OJ 1992 L 240, p. 8)THE COURT (Sixth Chamber),,
after considering the written observations submitted on behalf of:
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 8 October 2002,
gives the following
On those grounds,
THE COURT (Sixth Chamber),
in answer to the question referred to it by the Monomeles Diikitiko Protodikio Irakliou by order of 31 October 2000, hereby rules: Article 3(1) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes precludes a measure adopted by a Member State, such as that at issue in the main proceedings, which imposes on, for the most part, flights to other Member States higher airport tax than that applicable to domestic flights within that Member State unless it is shown that those taxes compensate airport services necessary for the processing of passengers and that the cost of those services provided to passengers flying to other Member States is proportionately higher than the cost of those services necessary for the processing of passengers on domestic flights.
Puissochet |
Schintgen |
Skouris |
Macken |
Cunha Rodrigues |
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R. Grass |
J.-P. Puissochet |
Registrar |
President of the Sixth Chamber |