This document is an excerpt from the EUR-Lex website
Document 62010CA0547
Case C-547/10 P: Judgment of the Court (Third Chamber) of 7 March 2013 — Swiss Confederation v European Commission, Federal Republic of Germany, Landkreis Waldshut (Appeal — External relations — Agreement between the European Community and the Swiss Confederation on air transport — Regulation (EEC) No 2408/92 — Access of Community air carriers to intra-Community air routes — Articles 8 and 9 — Scope — Exercise of traffic rights — Decision 2004/12/EC — German measures relating to the approaches to Zurich Airport — Duty to state reasons — Non-discrimination — Proportionality — Burden of proof)
Case C-547/10 P: Judgment of the Court (Third Chamber) of 7 March 2013 — Swiss Confederation v European Commission, Federal Republic of Germany, Landkreis Waldshut (Appeal — External relations — Agreement between the European Community and the Swiss Confederation on air transport — Regulation (EEC) No 2408/92 — Access of Community air carriers to intra-Community air routes — Articles 8 and 9 — Scope — Exercise of traffic rights — Decision 2004/12/EC — German measures relating to the approaches to Zurich Airport — Duty to state reasons — Non-discrimination — Proportionality — Burden of proof)
Case C-547/10 P: Judgment of the Court (Third Chamber) of 7 March 2013 — Swiss Confederation v European Commission, Federal Republic of Germany, Landkreis Waldshut (Appeal — External relations — Agreement between the European Community and the Swiss Confederation on air transport — Regulation (EEC) No 2408/92 — Access of Community air carriers to intra-Community air routes — Articles 8 and 9 — Scope — Exercise of traffic rights — Decision 2004/12/EC — German measures relating to the approaches to Zurich Airport — Duty to state reasons — Non-discrimination — Proportionality — Burden of proof)
OJ C 123, 27.4.2013, p. 2–2
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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27.4.2013 |
EN |
Official Journal of the European Union |
C 123/2 |
Judgment of the Court (Third Chamber) of 7 March 2013 — Swiss Confederation v European Commission, Federal Republic of Germany, Landkreis Waldshut
(Case C-547/10 P) (1)
(Appeal - External relations - Agreement between the European Community and the Swiss Confederation on air transport - Regulation (EEC) No 2408/92 - Access of Community air carriers to intra-Community air routes - Articles 8 and 9 - Scope - Exercise of traffic rights - Decision 2004/12/EC - German measures relating to the approaches to Zurich Airport - Duty to state reasons - Non-discrimination - Proportionality - Burden of proof)
2013/C 123/02
Language of the case: German
Parties
Appellant: Swiss Confederation (represented by: S. Hirsbrunner, Rechtsanwalt)
Other parties to the proceedings: European Commission (represented by: T. van Rijn, K. Simonsson and K. P. Wojcik, Agents); Federal Republic of Germany (represented by T. Henze, Agent, assisted by T. Masing, Rechtsanwalt); Landkreis Waldshut, (represented by M. Núñez Müller, Rechtsanwalt)
Re:
Appeal against the judgment delivered by the General Court (Fifth Chamber) on 9 September 2010 in Case T-319/05 Switzerland v Commission by which that court dismissed the action brought by the Swiss Confederation for the annulment of Commission Decision 2004/12/EC of 5 December 2003 on a procedure relating to the application of Article 18(2), first sentence, of the Agreement between the European Community and the Swiss Confederation on air transport and Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (OJ 1993 L 15, p. 33) — Measures adopted by Germany relating to the approaches to Zurich airport — Wrongful assessment of the applicability of Article 9(1) of Regulation (EEC) No 2408/92 to the contested measures — Misinterpretation of the scope of the Commission’s obligation to state reasons — Failure to take account of the rights of the airport operator and the people living around the airport — Infringement of the principles of non-discrimination and proportionality
Operative part of the judgment
The Court:
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1. |
Dismisses the appeal. |
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2. |
Orders the Swiss Confederation to bear, in addition to its own costs, all of the costs incurred by the European Commission both at first instance and on appeal. |
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3. |
Orders the Federal Republic of Germany and Landkreis Waldshut to bear their own costs. |