Freistaat Sachsen and Land Sachsen-Anhalt and Mitteldeutsche Flughafen AG and Flughafen Leipzig-Halle GmbH v European Commission (T-443/08, T-455/08)

Judgment of 24 Mar 2011

law://eu/cjeu/2008/t-443-08/para_99@2026-11-12

99However, in the present case, since, having regard to their nature and purpose, the construction and development of the southern runway are not, in themselves, an exercise in public powers, which the applicants do not expressly claim, the Commission did not err when, for the purposes of assessing the economic nature of FLH’s activities, it did not distinguish between the construction and development of the southern runway, on the one hand, and the operation thereof on the other. The allegation that the Commission recognised, in recital 178 of the Decision, the need to distinguish between the operator’s various activities must be rejected since, in that recital, the Commission merely recalled to mind, essentially, the principles flowing from the case-law referred to in paragraph 98 above.

Freistaat Sachsen and Land Sachsen-Anhalt and Mitteldeutsche Flughafen AG and Flughafen Leipzig-Halle GmbH v European Commission (T-443/08, T-455/08)

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