Violation of art. 88(3) EC: The Council of State decides that the violation of art. 88(3) EC does not create a serious breach to a public interest to justify the intervention of a judicial emergency proceeding (Air France ; Airport of Marseille-Provence)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – EC (ord. ref.), 19 March 2010, Air France and others. (Marseille-Provence airport), No 336405 The administrative court has been seised on numerous occasions of the Marseille-Provence airport's fee-charging policy designed to make the new terminal dedicated to low-cost airlines attractive to them. The setting and approval of the rates of charges per passenger at this airport have already been the subject of two annulments by the Conseil d'État (CE, 7 May 2008, req. No. 294213 and CE, 26 December 2008, req. No. 312426.). By a judgment of 30 June 2009, the Administrative Court of Marseille annulled the refusal of the Chamber of Commerce and Industry of