Judgment of the Court (First Chamber) of 8 September 2011 (reference for a preliminary ruling from the Conseil d’État — Belgium) — European Air Transport SA v Collège d’environnement de la Région de Bruxelles-Capitale, Région de Bruxelles-Capitale

(Case C-120/10) (1)

(Air transport - Directive 2002/30/EC - Noise-related operating restrictions at Community airports - Noise level limits that must be observed when overflying built-up areas near an airport)

2011/C 311/13

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: European Air Transport SA

Defendants: Collège d’environnement de la Région de Bruxelles-Capitale, Région de Bruxelles-Capitale

Re:

Reference for a preliminary ruling — Conseil d’État — Interpretation of Articles 2(e), 4(4) and 6(2) of Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (OJ 2002 L 85, p. 40) — Limits on noise levels to be complied with by aircraft over-flying urban territories located near an airport — Concept of ‘operating restrictions’ — Restrictions adopted in connection with aircraft which are marginally compliant — Whether it is possible to impose such restrictions on the basis of the noise level as measured on the ground — Effect of the Convention on International Civil Aviation (Chicago Convention)

Operative part of the judgment

Article 2(e) of Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports must be interpreted as meaning that an ‘operating restriction’ is a prohibition, absolute or temporary, that prevents the access of a civil subsonic jet aeroplane to a European Union airport. Consequently, national environmental legislation imposing limits on maximum noise levels, as measured on the ground, to be complied with by aircraft overflying areas located near the airport, does not itself constitute an ‘operating restriction’ within the meaning of that provision, unless, in view of the relevant economic, technical and legal contexts, it can have the same effect as prohibitions of access to the airport in question.

(1)  OJ C 148, 5.6.2010.