A German Regional Court refuses to order recovery of unlawful State aid granted by Frankfurt airport to a low cost carrier (Ryanair / Lufthansa)

Background The low-cost carrier Ryanair and alleged State aid granted to Ryanair continue to keep the European Commission [1] and Member State courts [2] in terms of State aid law busy. The most recent example is a decision by the Landgericht Bad Kreuznach. The facts The defendant operates the airport of Frankfurt-Hahn, which is situated approximately 120 kilometers southwest of Frankfurt. The defendant is organized as a private company, which is controlled by the Fraport AG (Fraport), a worldwide active operator of airports. Approximately 70% of the shares in Fraport are held by the German government. The defendant's tariffs for airlines starting and landing in Frankfurt-Hahn are governed by a tariff regulation

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  • McDermott Will & Emery (Düsseldorf)

Quotation

Daniel von Brevern, A German Regional Court refuses to order recovery of unlawful State aid granted by Frankfurt airport to a low cost carrier (Ryanair / Lufthansa), 16 May 2007, e-Competitions May 2007, Art. N° 17565

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