«(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)»

Transport – Air transport – Freedom to provide services – Restrictions – National rules providing for different rates of airport tax for national and intra-Community flights – Conditions governing permissibility (Council Regulation No 2408/92, Art. 3(1)) Article 3(1) of Regulation No 2408/92 on access for Community air carriers to intra-Community air routes, the purpose of which is to define the conditions for applying in the air transport sector the principle of the freedom to provide services, precludes a measure adopted by a Member State 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.see para. 29, operative part

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

and

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),,

composed of: J.-P. Puissochet (Rapporteur), President of the Chamber, R. Schintgen, V. Skouris, F. Macken and J.N. Cunha Rodrigues, Judges,

Advocate General: S. Alber,

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

Community law

National law

Observations submitted to the Court

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:

Puissochet

Schintgen

Skouris

Macken

Cunha Rodrigues

Delivered in open court in Luxembourg on 6 February 2003.

R. Grass

J.-P. Puissochet

Registrar

President of the Sixth Chamber