Judgment_paragraph 14 · C-181/06

14The Tribunal Administrativo e Fiscal do Porto (Oporto Administrative and Customs Court) (Portugal) decided to stay proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:(1) May the sum demanded by way of fees for administrative assistance and supervision, in accordance with Article 10(1) of Decree No 12/99 of 30 July 1999, be regarded as a fee having been “determined according to relevant, objective, transparent and non-discriminatory criteria”, as required by Article 16(3) of Directive 96/67?(2) Is it in conflict, or incompatible, with the free access to the market for the provision of groundhandling services to third parties provided for by Article 6 of Council Directive 96/97, for payment to be required of a sum by way of fees for administrative assistance and supervision, in accordance with Article 10(1) of Decree No 12/99 of 30 July 1999 and Article 18(2) of Decree-Law No 102/90 of 21 March 1990, as amended by Decree-Law No 280/99 of 26 July 1999, and other provisions fixing the amount of that sum?(3) Is it in conflict, or incompatible, with the completion of the internal market and the principles laid down in Articles 3(c) EC and 4 EC, for payment to be required of a sum by way of fees for administrative assistance and supervision, in accordance with Article 10(1) of Decree No 12/99 of 30 July 1999 and Article 18(2) of Decree-Law No 102/90 of 21 March 1990, as amended by Decree-Law No 280/99 of 26 July 1999, and other provisions fixing the amount of that sum?(4) May requiring payment of a sum by way of fees for administrative assistance and supervision, in accordance with Article 10(1) of Decree No 12/99 of 30 July 1999 and Article 18(2) of Decree-Law No 102/90 of 21 March 1990, as amended by Decree-Law No 280/99 of 26 July 1999, and other provisions fixing the amount of that sum, be regarded as abuse within the meaning of Article 82 EC?