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Case C-680/24, WizzAir Hungary: Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Warszawie (Poland) lodged on 15 October 2024 – Wizz Air Hungary Légiközlekedési Kft. v Prezesowi Urzędu Lotnictwa Cywilnego

ECLI:EU:UNKNOWN:62024CN0680

62024CN0680

October 15, 2024
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Official Journal of the European Union

EN

C series

C/2025/251

(Case C-680/24, WizzAir Hungary)

(C/2025/251)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: Wizz Air Hungary Légiközlekedési Kft.

Other party to the proceedings: Prezes Urzędu Lotnictwa Cywilnego

Questions referred

(1)Must Article 11(7) of Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (1) be interpreted as meaning that the obligation arising therefrom for the independent supervisory authority to consult the parties concerned when undertaking an investigation into the justification for the modification of the system or the level of airport charges as set out in Article 6 of the directive does not apply to a case where that authority applies the mandatory procedure under national law as referred to in Article 6(5)(a) of the directive, under which procedure airport charges, or their maximum level, are determined or approved by the independent supervisory authority, having regard to the requirement of transparency of the national procedure under the second sentence of Article 6(5) of the directive?

(2)Is the provision of national law under which the airport managing body, when introducing modifications to the system or the level of airport charges, must consult only the air carriers that regularly use the airport in question or the entities representing them, including in particular the committee of air carriers operating at the airport in question or associations of air carriers, and not airport users within the meaning of Article 2(3) of the directive, that is to say, any natural or legal persons responsible for the carriage of passengers, mail and/or freight by air to or from the airport concerned, compatible with Article 6(2) of the directive, read in conjunction with Article 2(3) thereof?

(1) OJ 2009 L 70, p. 11.

ELI: http://data.europa.eu/eli/C/2025/251/oj

ISSN 1977-091X (electronic edition)

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