No L 216/8 Official Journal of the European Communities 12. 9. 95  COMMISSION COMMISSION DECISION of 28 June 1995 relating to a proceeding pursuant to Article 90 (3) of the Treaty (Only the Dutch and French texts are authentic) (Text with EEA relevance) (95/364/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 90 (3) thereof, Having regard to the complaint lodged by British Midland on 8 February 1993 in respect of the system of discounts on landing fees at Brussels National Airport (Zaventem), Having given the Belgian authorities, the Belgian airways authority (Régie des Voies Aériennes/Regie der Lucht- wegen) and the airlines Sabena and Sobelair notice to submit their comments concerning the objections formu- lated by the Commission with regard to the system of discounts on landing fees at Brussels National Airport (Zaventem), Whereas : THE FACTS This proceeding relates to the system of discounts granted on landing fees at Brussels National Airport (Zaventem). British Midland (BM) considers that the system of stepped discounts, which increase in line with an airline’s volume of traffic, favours carriers with a high volume of traffic at Brussels Airport and thereby places small carriers competing with them at a disadvantage. Moreover, according to BM, there is no objective justification in granting such discounts since the services which an arriving or departing aircraft requires are the same, however many times they are supplied. BM states that, although it operates 144 movements a week, it is unable to reach the minimum monthly amount of fees that triggers discounts. It therefore receives no reduction on its airport charges, while Sabena, its main competitor, obtains a annual reduction of Bfrs 74 million. The State measure in question (1) Article 1 of the Royal Decree (Arrété Royal/ Koninklijk Besluit) of 22 December 1989 () autho- rizes the Airways Authority to charge the fees laid down therein for the use of Brussels National Airport. Article 2 of the same Royal Decree fixes landing fees at a certain amount per tonne according to whether or not the aircraft carries only cargo. Paragraph 2 of that Article establishes the system of discounts se out below : The fees due per calendar month are reduced by : — 7,5% on the portion of the amount due between Bfrs 5 million and Bfrs 10 million, — 15% on the portion of the amount due between Bfrs 10 million and Bfrs 15 million, — 20 % on the portion of the amount due between Bfrs 15 million and Bfrs 20 million, — 30 % on the portion of the amount due above Bfrs 20 million. In 1991 and 19592 only three airlines qualified for these reductions, the amounts they received being as follows : (") Moniteur Belge [Official Gazette}, 30. 12. 1989, p. 21517