A German Regional Court rules that an EC Commission decision ordering recovery of an illegal aid measure must first be issued before a German court may deal with a request brought by a competitor ("Ryanair 4")

Brief description of the facts and legal issues The Coblence Higher Regional Court of appeal rejects the appeal lodged by Lufthansa against LG Bad Kreuznach's judgment and rules that the appeal lacks a legal basis. A Commission decision (be it provisional or definitive) ordering the recovery of an unlawful aid measure should be issued first; only then may a German court deal with such a request brought by a competitor. The questions on the application of the MEIP test and the existence of aid are still open (Ryanair 4). Parties: The applicant: Lufthansa, a private airline (competitor to Ryanair); The defendant: undertaking (held partially by a publically listed company and partially by two Federal States) that operates the Frankfurt Hahn airport Factual background: The Higher

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Delegation of the European Union to the United States
  • Maersk (Copenhagen)

Quotation

Rainer Wessely, Alix Müller-Rappard, A German Regional Court rules that an EC Commission decision ordering recovery of an illegal aid measure must first be issued before a German court may deal with a request brought by a competitor ("Ryanair 4"), 25 February 2009, e-Competitions Bulletin February 2009, Art. N° 26919

Visites 1709

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues