Judgment_paragraph 37 · European Commission v Hansestadt Lübeck (C-524/14 P)

37In the further alternative, the Commission contends that, assuming that the criterion laid down in the judgment of 8 November 2001, Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke (C‑143/99, EU:C:2001:598), is applicable for the purpose of establishing the selectivity of rules setting the charges of certain public institutions, the General Court misinterpreted that criterion. In order to determine the set of undertakings which are in a comparable situation, regard should be had not to the scope of the measure in question but to the undertakings which have items of expenditure similar to those of the undertakings favoured by that measure. Furthermore, the 2006 schedule is selective because it does not observe the principle — laid down in Paragraph 43a(1) of the LuftVZO — which applies to all German airports and therefore to all the airlines serving those airports that airport charges must cover costs. By adopting the scope of the 2006 schedule, and not the objective pursued by that provision, as the decisive factor, the General Court erred in law.

European Commission v Hansestadt Lübeck (C-524/14 P)

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