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Case C-379/18: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 8 June 2018 — Deutsche Lufthansa AG v Land Berlin
ECLI:EU:UNKNOWN:62018CN0379
62018CN0379
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Valentina R., lawyer
201807200432012792018/C 276/373792018CJC27620180806EN01ENINFO_JUDICIAL20180608282921
(Case C-379/18)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Deutsche Lufthansa AG
Defendant: Land Berlin
Other parties: Berliner Flughafen Gesellschaft mbH; Der Vertreter des Bundesinteresses beim Bundesverwaltungsgericht
Questions referred
1.Is a national provision which provides that the system of airport charges decided upon by the airport managing body must be submitted to the independent supervisory authority for approval, without prohibiting the airport managing body and the airport user from setting charges different from those approved by the supervisory authority, compatible with Directive 2009/12/EC (1) of the European Parliament and of the Council of 11 March 2009 on airport charges (OJ 2009 L 70 p. 11), in particular Article 3, Article 6(3) to (5) and Article 11(1) and (7) thereof?
2.Is an interpretation of national law whereby an airport user is prevented from challenging the approval of the charging scheme by the independent supervisory authority, but can bring an action against the airport managing body and can plead in that action that the charges determined in the charging scheme are inequitable, compatible with the aforementioned Directive?
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(1) OJ 2009 L 70, p. 11.