The Italian Regional Administrative Court of Lombardia does not exclude, prima facie, that a law providing for the reduction of the airport charges in favour of air carriers could infringe Art. 87 EC on the ground that even general measures could be regarded as selective if they confer an advantage only to specific undertakings (Alitalia)

Factual background The Court assessed the applicant's request for an interim injunction in relation to the annulment of several administrative provisions (Guidance Provision by the Ministry of Infrastructure and Transportation of December 30, 2005 and ENAC Notes 4071 and 4072 of January 20, 2006) that implemented Law 248/2005 on “Measures to combat tax evasion and urgent provisions relating to tax and financial matters”. This law sets forth, inter alia, several provisions (collectively referred to as the “System requirements”) governing airport management companies and the compensation system for the airport operator. As a matter of fact the applicant

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Gianluca Belotti, The Italian Regional Administrative Court of Lombardia does not exclude, prima facie, that a law providing for the reduction of the airport charges in favour of air carriers could infringe Art. 87 EC on the ground that even general measures could be regarded as selective if they confer an advantage only to specific undertakings (Alitalia), 21 March 2006, e-Competitions March 2006, Art. N° 28531

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