L 72/30 Official Journal of the European Communities 11. 3. 98 COMMISSION COMMISSION DECISION of 14 January 1998 relating to a proceeding under Article 86 of the EC Treaty (IV/34.801 FAG — Flughafen Frankfurt/Main AG) (Only the German text is authentic) (Text with EEA relevance) (98/190/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation No 17 of 6 February 1962, first Regulation implementing Articles 85 and 86 of the Treaty ('), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 3 thereof, Having regard to the complaint lodged with the Commis- sion on 20 July 1993 by KLM Royal Dutch Airlines NV, Air France Compagnie Nationale SA and British Airways plc asking the Commission to find, pursuant to Article 3 of Regulation No 17, that Flughafen Frankfurt/Main AG has infringed Article 86 of the Treaty, Having regard to the Commission’s decision on 10 May 1994 to initiate proceedings in the case, Having given the undertaking concerned the opportunity of being heard on the matters to which the Commission has taken objection, in accordance with the provisions of Article 19(1) of Regulation No 17 and Commission Regu- lation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19(1) and (2) of Council Regulation No 17 (), and in particular at three hearings, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: () OJ 13, 21. 2. 1962, p. 204/62. () OJ 127, 20. 8. 1963, p. 2268/63. I. THE FACTS A. FRANKFURT AIRPORT A.l. Flughafen Frankfurt/Main AG — The Party which is the subject of the complaint Flughafen Frankfurt/Main AG (‘FAG)) is the company which owns and operates Frankfurt airport. According to FAG’s 1995 annual report, Frankfurt airport is the largest airport in Germany and one of the largest in Europe in terms of flight movements, passenger volume and freight volume. In 1995, it had 372 587 commercial aircraft move- ments, a volume of 38 191 247 passengers and a volume of 1327 865 tons of freight. Compared to the total traffic in Germany, this represented 23,7 % of commercial aircraft movements, 34,6 % of passengers and 70,7 % of freight. Compared to other European airports, Frankfurt is the second largest in terms of passengers and aircraft move- ments (after London Heathrow) and the largest as regards freight. In 1995, FAG achieved total sales of DEM 2 316,7 million, 37,7 % of which (DEM 873,0 million) is derived from ground-handling services charges. A2. Legal framework for the operation of Frankfurt airport The legal framework for the operation of airports in Germany is set out in the Air Traffic Act (‘Luftver- kehrsgesetz — ‘LuftVG’) of 14 January 1981 and in the Air Traffic Licensing Decree (‘Luftverkehrs-