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Case C-220/24, Aeroportul Internaţional Avram Iancu Cluj: Judgment of the Court (Ninth Chamber) of 27 February 2025 (request for a preliminary ruling from the Curtea de Apel Bucureşti – Romania) – Regia Autonomă Aeroportul Internaţional Avram Iancu Cluj v Consiliul Concurenţei (Reference for a preliminary ruling – Air transport – Directive 96/67/EC – Access to the groundhandling market at EU airports – Article 1 – Scope – Airports whose annual traffic is less than two million passenger movements – Refusal of access to airport infrastructure at such an airport – Article 6 – Groundhandling for third parties – Applicability of the competition rules – Article 102 TFEU)

ECLI:EU:UNKNOWN:62024CA0220

62024CA0220

February 27, 2025
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Official Journal of the European Union

C series

C/2025/2173

Judgment of the Court (Ninth Chamber) of 27 February 2025 (request for a preliminary ruling from the Curtea de Apel Bucureşti – Romania) – Regia Autonomă Aeroportul Internaţional ‘Avram Iancu’ Cluj v Consiliul Concurenţei

(Case C-220/24,

(Reference for a preliminary ruling - Air transport - Directive 96/67/EC - Access to the groundhandling market at EU airports - Article 1 - Scope - Airports whose annual traffic is less than two million passenger movements - Refusal of access to airport infrastructure at such an airport - Article 6 - Groundhandling for third parties - Applicability of the competition rules - Article 102 TFEU)

(C/2025/2173)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Appellant: Regia Autonomă Aeroportul Internaţional ‘Avram Iancu’ Cluj

Respondent: Consiliul Concurenţei

interested parties: Romanian Airport Services SA, Sindicatul Independent al Aeroportului Cluj

Operative part of the judgment

Articles 1 and 6 of Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports

must be interpreted as not precluding the application of Article 102 TFEU in circumstances where a supplier of groundhandling services has been refused access to the airport infrastructure, which is necessary for the provision of such services, of an EU airport whose annual traffic, on the date of that refusal, was less than two million passenger movements.

(1) OJ C C/2024/4075.

ELI: http://data.europa.eu/eli/C/2025/2173/oj

ISSN 1977-091X (electronic edition)

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