92000E3609

WRITTEN QUESTION P-3609/00

by Paul Lannoye (Verts/ALE) to the Commission

(15 November 2000)

Subject: Complaint against three companies in the airport sector

On 6 September 2000 the Commission received a complaint (No 37 957) lodged by four MEPs including myself, against three companies in the airport sector: Bierset Airport development and promotion (SAB), TNT Express Worldwide and GD Express Worldwide. The complaint is also against the Belgian Government. The subject at issue is the agreement signed on 26 February 1996 between the three Walloon Region companies, which infringes a number of the Treaty's provisions, particularly in the area of competition law. Since the agreement substantially affects the

Walloon Region's airport policy, especially on the amount of airport taxes and their possible adjustment to take account of the polluter-pays principle, there is an urgent need for the Commission to state its views on this complaint. Can the Commission say what steps it has taken to investigate the case, and what date it has set for completing its investigation?

Answer given by Mr Monti on behalf of the Commission

(18 January 2001)

On the competition issue, the complaint lodged by the Honourable Member is based firstly on Article 81 (former Article 85) of the EC Treaty, read in conjunction with Article 86 (former Article 90), and secondly on Articles 87 and 88 (former Articles 92 and 93).

As regards the aspects relating to Articles 81 and 86, the Commission has begun its examination of the complaint. On 14 December 2000 it sent a letter to the complainants, including the Honourable Member.

As regards the state aid aspects (Article 87), the Commission sent a request for information to the Belgian authorities. On the basis of their reply, it should be in a position to undertake a preliminary examination of the complaint. It is unable at this stage to prejudge the possible outcome of the examination.