Official Journal of the European Union

C series

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C/2025/2841

(Case C-149/25, I Fly)

(C/2025/2841)

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicants: I Fly AEROPORIKES YPIRESIES ANONYMI ETAIREIA (I Fly SA), CYCLADESAIR AVIATION GmbH, CYCLADESAIR AVIATION GMBH ΥΠΟΚΑΤΑΣΤΗΜΑ ΑΛΛΟΔΑΠΗΣ (CYCLADIC), Greenair Aviation GmbH (GreenAir)

Defendant: Archi Politikis Aeroporias (A.P.A.)

Interveners: FRAPORT PERIFEREIAKA AERODROMIA TIS ELLADAS A ANONYMI ETAIREIA, FRAPORT PERIFEREIAKA AERODROMIA TIS ELLADAS B ANONYMI ETAIREIA

Questions referred

Must the provisions of Regulation No 95/93 (<span class="oj-super oj-note-tag">1</span>) , as amended (in particular Articles 2(a), (g) and (i), 3, 4, 8, 10 and 14(1) thereof) – read in the light of, first, Article 15(1) of Regulation No 1008/2008 (<span class="oj-super oj-note-tag">2</span>) (which enshrines the right of Community air carriers to operate intra-Community air services) and, second, Articles 16 and 52(1) of the Charter of Fundamental Rights of the European Union – be interpreted as exclusively and exhaustively laying down the terms and conditions for the allocation of slots at airports designated as ‘coordinated’, thereby precluding national regulatory provisions which

on the one hand, exclude from the allocation of slots the category of air carriers operating flights entirely under Visual Flight Rules (‘VFR’);

on the other hand, extend the application of the slot allocation system to airports designated as ‘schedules facilitated’?

Or, by contrast, must the abovementioned provisions of Regulation No 95/93 – interpreted, in particular, in the light of recital 5 of Regulation No 793/2004 (according to which ‘specific activities’ may not be subject to slot allocation rules where those are not necessary) and Article 19(1) of Regulation No 1008/2008 (according to which ‘national’ slot allocation rules may also be adopted) – be interpreted as giving Member States the power to lay down detailed provisions on the application of that regulation

on the one hand, by prohibiting the allocation of slots to the category of air carriers operating flights entirely under VFR;

on the other hand, by extending the slot allocation system to airports designated as schedules facilitated?

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(1) Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJ 1993, L 14, p. 1).

(2) Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (OJ 2008, L 293, p. 1).

ELI: http://data.europa.eu/eli/C/2025/2841/oj

ISSN 1977-091X (electronic edition)

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