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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission v Portugal (Transport) [2001] EUECJ C-70/99 (26 June 2001) URL: https://www.bailii.org/eu/cases/EUECJ/2001/C7099.html Cite as: Case C-70/99, ECLI:EU:C:2001:355, EU:C:2001:355, [2001] EUECJ C-70/99, [2003] BTC 8003, [2001] ECR I-4845 |
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JUDGMENT OF THE COURT (Sixth Chamber)
26 June 2001 (1)
(Failure of a Member State to fulfil its obligations - Air travel within the Community - Different rates of airport tax for national and intra-Community flights - Freedom to provide services - Regulation (EEC) No 2408/92)
In Case C-70/99,
Commission of the European Communities, represented by F. Benyon and F. de Sousa Fialho, acting as Agents, with an address for service in Luxembourg,
applicant,
v
Portuguese Republic, represented by L. Fernandes, M.L. Duarte and F. Viegas, acting as Agents, with an address for service in Luxembourg,
defendant,
APPLICATION for a declaration that, by maintaining in force Article 10 of Decreto Regulamentar (Regulatory Decree) No 38/91 of 29 July 1991 (Diário da República I, Series B, No 172 of 29 July 1991), which provides that flights from Portugal to other Member States are subject to a higher passenger service tax than that applicable to domestic flights, and by maintaining in force the provisions of Decreto-Lei (Decree-Law) No 102/91 of 8 March 1991 (Diário da República I, Series A, No 56 of 8 March 1991), as implemented by subsequent implementing orders, under which flights from Portugal to other Member States are subject to higher security taxes than those applicable to certain domestic flights, the Portuguese Republic has failed to fulfil its obligations under the combined provisions of Article 59 of the EC Treaty (now, after amendment, Article 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: C. Gulmann, President of the Chamber, V. Skouris, J.-P. Puissochet (Rapporteur) R. Schintgen and N. Colneric, Judges,
Advocate General: S. Alber,
Registrar: L. Hewlett, Administrator,
having regard to the Report for the Hearing,
after hearing oral argument from the parties at the hearing on 11 January 2001,
after hearing the Opinion of the Advocate General at the sitting on 6 March 2001,
gives the following
The relevant Community legislation
The relevant national legislation
The pre-litigation procedure
The alleged failure to fulfil obligations and the findings of the Court
The conduct of the administrative procedure
The scope of Regulation No 2408/92
Restriction of the freedom to provide services
Costs
39. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the Commission has applied for costs and the Portuguese Republic has been unsuccessful, the latter must be ordered to pay the costs.
On those grounds,
THE COURT (Sixth Chamber)
hereby:
1. Declares that, by introducing under Article 10 of Decreto Regulamentar (Regulatory Decree) No 38/91 of 29 July 1991 a higher passenger service tax for intra-Community flights than that applicable to domestic flights and by introducing under Decreto-Lei (Decree-Law) No 102/91 of 8 March 1991 and its implementing orders a higher security tax for intra-Community flights than that applicable to certain domestic flights, the Portuguese Republic has failed to fulfil its obligations under the combined provisions of Article 59 of the EC Treaty (now, after amendment, Article 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;
2. Orders the Portuguese Republic to pay the costs.
Gulmann
Schintgen Colneric
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Delivered in open court in Luxembourg on 26 June 2001.
R. Grass C. Gulmann
Registrar President of the Sixth Chamber
1: Language of the case: Portuguese.