The EU General Court refuses to order interim measures in a case involving the air transportation sector and addresses issues on the implementation of a concentration and the powers of the Commission under the EU Merger Regulation 139/2004 (Ryanair / Aer Lingus)

The Aer Lingus Judgment – When non-implementation is implementation, or not* On 6 July 2010, the General Court rejected Ryanair’s appeal against the Commission’s 2007 prohibition of its hostile take-over of rival Irish airline Aer Lingus. On the same day, the Court also issued a much shorter judgment in Case T-411/07, and rejected an Aer Lingus appeal against a Commission decision, which refused to order Ryanair to sell down its minority interest in Aer Lingus. The legal basis for Aer Lingus’ request was Article 8(4)/(5) of the EU Merger Regulation, which allow the Commission to take measures (including interim measures) in cases where a concentration has been declared incompatible with the common market but has already been implemented. The Commission decided to reject the request, on

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  • Skadden, Arps, Slate, Meagher & Flom (Brussels)

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Frederic Depoortere, The EU General Court refuses to order interim measures in a case involving the air transportation sector and addresses issues on the implementation of a concentration and the powers of the Commission under the EU Merger Regulation 139/2004 (Ryanair / Aer Lingus), 6 July 2010, e-Competitions July 2010, Art. N° 35684

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