A German district court holds that the difference of terms between two airlines operator concerning the use of Lübeck airport amounts to unlawful State aid (Ryanair 1)

Factual background The defendant managed the airport of Lübeck. Until 2005, it was publicly controlled by the city of Lübeck, which was under a contractual duty to fully compensate for the airport's losses. After 2005 however, it was organised as a private company. The defendant's tariffs for airlines taking off and landing are defined in a tariff regulation (“Entgeltordnung”). This regulation was supposed to be regularly reviewed and approved by the regional administration. After 1999, the defendant's balance sheet continuously showed heavy increasing losses. The tariff regulation did not apply to low-cost carrier Ryanair; instead it had negotiated an individual agreement with the airport according to which take-off and landing costs as well as other costs and taxes departed from the

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Alix Müller-Rappard, A German district court holds that the difference of terms between two airlines operator concerning the use of Lübeck airport amounts to unlawful State aid (Ryanair 1), 28 July 2006, e-Competitions Bulletin July 2006, Art. N° 28796

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