Private investor criterion: The General Court of the European Union considers that an agreement between an airport and an airline for the establishment of a new route does not meet the private operator test, when the airport’s investment is not profitable for the duration of the agreement (TUIfly)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The TUIfly judgment sheds light on the way in which agreements between airports and airlines on the establishment of new air routes and advertising services concerning airports are analyzed from the point of view of aid discipline, and in particular the private investor criterion. The operator of Klagenfurt airport and its wholly owned subsidiary with consultancy functions, both publicly funded, sought to attract airlines to the airport. After unsuccessful tenders, they resorted to negotiated procedures without prior publication, which led them to conclude agreements with Hapag-Lloyd Flug and its successor TUIfly. These agreements basically provided for

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  • European Commission - Legal Service (Brussels)

Quotation

Bruno Stromsky, Private investor criterion: The General Court of the European Union considers that an agreement between an airport and an airline for the establishment of a new route does not meet the private operator test, when the airport’s investment is not profitable for the duration of the agreement (TUIfly), 29 September 2021, Concurrences N° 1-2022, Art. N° 105692, pp. 146-147

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