Aéroports de Paris v Commission of the European Communities (T-128/98)

Judgment of 12 Dec 2000

law://eu/cjeu/1998/t-128-98/para_100@2026-11-14

100ADP contends that the judgments which the Commission cites in its defence as authority for treating ADP as an undertaking are irrelevant. In Case 41/83 Italy v Commission [1985] ECR 873 it was never contended that the activity of British Telecommunications (BT) presumed the exercise of sovereign powers and, moreover, that case concerned the provision of telecommunications, an activity which is unrelated to the administration of publicly-owned property. In Case T-229/94 Deutsche Bahn v Commission [1997] ECR II-1689, the actual question of the nature of the activities in issue was not raised. Furthermore, that judgment did not deal with questions relating to the occupation of publicly-owned property, but with services involving the provision of locomotives and railway services. Last, Case C-18/93 Corsica Ferries [1994] ECR I-1783 concerned pilotage activities and not the occupation of publicly-owned property.

Aéroports de Paris v Commission of the European Communities (T-128/98)

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