The EU Court of Justice rejects an appeal filed by an airline company and provides further guidance on standing to challenge State aid decisions related to competing undertakings (Lufthansa)

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Reference

EU Court of Justice, Deutsche Lufthansa, C-453/19 P, 15 July 2021

On 15 July 2021, the Court of Justice of the European Union (“ECJ” or “Court”) rejected the appeal filed by the German airline company Deutsche Lufthansa AG against the judgment of the General Court of 12 April 2019, Deutsche Lufthansa v Commission (Case T-492/15). The substance of the dispute concerned certain alleged aid measures adopted by the German authorities in favour of Frankfurt Hahn airport, Ryanair and other airlines using that airport. Lufthansa and other competitors of the recipients filed state aid complaints against those measures before the Commission. These complaints were rejected by Commission Decision (EU) 2016/789 of 1 October 2014 on the State aid SA.21121 (ex NN 54/07) (OJ 2016 L 134, p. 46), on the ground that the measures were either “state aid” compatible with

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  • Hogan Lovells (Brussels)
    Belgium 36 contributions 5927 visits
  • Van Bael & Bellis (Brussels)
    Belgium 151 contributions 32392 visits

Quotation

Francesco Pili, Markus Wellinger, The EU Court of Justice rejects an appeal filed by an airline company and provides further guidance on standing to challenge State aid decisions related to competing undertakings (Lufthansa), 15 July 2021, e-Competitions Burden of proof, Art. N° 101939

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