Brussels South Charleroi Airport (BSCA) v European Commission (T-818/14)

Judgment of 25 Jan 2018

law://eu/cjeu/2014/t-818-14/para_87@2026-11-12

87According to the applicant, the ILS is a system enabling aircraft to approach the landing runway in poor visibility. That entire system consists essentially of three parts: the first part, namely the ‘localiser’, provides lateral guidance for the aircraft; the second part, namely the ‘glide slope’, provides vertical guidance for the aircraft; and the third part, the ‘distance markers’, indicates the runway approach. An ILS should therefore be regarded as essential equipment for air navigation and for the safety, security and compliance of runways and facilities. In that regard, the applicant refers to the description of that system by Belgocontrol (the Belgian air traffic control body) and by Eurocontrol. Moreover, it notes the references relating to the ILS in Commission Regulation (EC) No 2096/2005 of 20 December 2005 laying down common requirements for the provision of air navigation services (OJ 2005 L 335, p. 13), Commission Regulation (EC) No 859/2008 of 20 August 2008 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane (OJ 2008 L 254, p. 1), Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ 2012 L 296, p. 1) and Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ 2014 L 44, p. 1). The applicant states that, since the provision of air navigation services is classed as a non-economic service in Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (OJ 2004 L 96, p. 10) and in the Guidelines, the ILS, as an instrument necessary for air navigation, is not of an economic nature. In the applicant’s view, this is in no way altered by the fact that the installation of the ILS is not legally required.

Brussels South Charleroi Airport (BSCA) v European Commission (T-818/14)

Key facts

History · 1 version

Connections