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Case C-176/09: Judgment of the Court (Third Chamber) of 12 May 2011 — Grand Duchy of Luxembourg v European Parliament and Council of the European Union (Action for annulment — Directive 2009/12/EC — Airport charges — Scope — Airports whose annual traffic is over 5 million passenger movements per year and those with the highest passenger movements in each Member State — Validity — Principles of equal treatment, proportionality and subsidiarity)

ECLI:EU:UNKNOWN:62009CA0176

62009CA0176

May 12, 2011
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Official Journal of the European Union

C 204/6

(Case C-176/09) (<span class="super">1</span>)

(Action for annulment - Directive 2009/12/EC - Airport charges - Scope - Airports whose annual traffic is over 5 million passenger movements per year and those with the highest passenger movements in each Member State - Validity - Principles of equal treatment, proportionality and subsidiarity)

2011/C 204/11

Language of the case: French

Parties

Applicant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent, and by P. Kinsch, avocat)

Intervener in support of the applicant: Slovak Republic (represented by: B. Ricziová, acting as Agent)

Defendants: European Parliament (represented by: A. Troupiotis and A. Neergaard, acting as Agents), Council of the European Union (represented by: E. Karlsson and M. Moore, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: K. Simonsson and C. Vrignon, acting as Agents)

Re:

Action for annulment — Annulment of the end of Article 1(2) of Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (OJ 2009 L 70, p. 11) — Application of the directive to airports with the highest passenger movement in each Member State — Luxembourg-Findel airport — Breach of the principles of equal treatment, subsidiarity and proportionality

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the Grand Duchy of Luxembourg to pay the costs;

3.Orders the Slovak Republic and the European Commission to bear their own costs.

(<span class="super">1</span>) OJ C 180, 1.8.2009.

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