A German higher regional court quashes the 2006 ruling of a lower regional court and rejects an air carrier claims on grounds of inadmissibility and on the merits, holding that Art. 87 and 88 EC as the related national provisions cannot be construed as supporting claims of competitors (Ryanair 2)

Factual background The Higher Regional Court had to deal with the appeal against the “Ryanair 1” decision of the Kiel Regional Court of 27 July 2006 (see Kiel District Court of 27 July 2006, Landgericht Kiel 1 (Kammer für Handelssachen), 14 O Kart. 176/04, “Ryanair 1”). In its appeal the defendant asked for the annulment of the decision of the Kiel District Court of 27 July 2006. It claimed that the applicant had no legal interest (“Feststellungsinteresse”) to apply for the assessment of non-applicability of the defendant's fee regulation in the first place. Regarding the application for communication of information (“Auskunftsantrag”) the defendant argued that this application was inadmissible, as the applicant already knew the details of the underlying contract. It contended that the

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Alix Müller-Rappard, A German higher regional court quashes the 2006 ruling of a lower regional court and rejects an air carrier claims on grounds of inadmissibility and on the merits, holding that Art. 87 and 88 EC as the related national provisions cannot be construed as supporting claims of competitors (Ryanair 2), 20 May 2008, e-Competitions Bulletin May 2008, Art. N° 28798

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