This document is an excerpt from the EUR-Lex website
Document 62015TO0764(03)
Order of the General Court (Fourth Chamber) of 17 May 2019.
Deutsche Lufthansa AG v European Commission.
Action for annulment — State aid — Measures implemented by Germany in favour of Frankfurt Hahn airport — Decision declaring the aid compatible in part with the internal market — Decision finding that there is no State aid — Indirect aid — No individual concern — Inadmissibility.
Case T-764/15.
Order of the General Court (Fourth Chamber) of 17 May 2019.
Deutsche Lufthansa AG v European Commission.
Action for annulment — State aid — Measures implemented by Germany in favour of Frankfurt Hahn airport — Decision declaring the aid compatible in part with the internal market — Decision finding that there is no State aid — Indirect aid — No individual concern — Inadmissibility.
Case T-764/15.
Court reports – general – 'Information on unpublished decisions' section
Order of the General Court (Fourth Chamber) of 17 May 2019 –
Deutsche Lufthansa v Commission
(Case T‑764/15)
(Action for annulment — State aid — Measures implemented by Germany in favour of Frankfurt Hahn airport — Decision declaring the aid compatible in part with the internal market — Decision finding that there is no State aid — Indirect aid — No individual concern — Inadmissibility)
1. |
Judicial proceedings — Objection of inadmissibility — Decision to join the application for a separate ruling on the objection of inadmissibility to the substance — Action dismissed by reasoned order as inadmissible — Lawfulness (Rules of Procedure of the General Court, Art. 130(6)) (see paras 37, 38) |
2. |
Judicial proceedings — Intervention — Admissibility criteria — Interest in the result of the case — Meaning — Need for a direct and existing interest — Proceedings regarding the legality of a Commission decision on State aid — Direct, existing interest of the infra-State body which contributed to the measures concerned by the decision (Statute of the Court of Justice, Arts 40, second para. and 53, first para.) (see paras 40-45) |
3. |
Judicial proceedings — Production of evidence — Time limit — Production of new evidence in observations on an objective of inadmissibility — Lawfulness (Rules of Procedure of the General Court, Art. 85(1)) (see para. 48) |
4. |
Judicial proceedings — Production of evidence — Time limit — Evidence lodged out of time — Conditions — Amplification of evidence previously presented — Lawfulness (Rules of Procedure of the General Court, Art. 85(3)) (see paras 51-53) |
5. |
Judicial proceedings — Production of evidence — Time limit — Evidence lodged out of time — Conditions — Evidence concerning the admissibility of an action for annulment — Production of information postdating the bringing of the action — Information confirming the applicant’s standing — Lawfulness (Rules of Procedure of the General Court, Art. 85(3)) (see paras 70-75) |
6. |
Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Individual concern — Criteria — Commission Decision on State aid adopted following the formal investigation procedure — Action brought by a party concerned within the meaning of the second paragraph of Article 108 TFUE — Characteristic insufficient for a finding of capacity to bring an action (Arts 108(2) and (3) and 263, fourth para. TFEU) (see paras 88-93, 100, 110) |
7. |
Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Individual concern — Criteria — Commission decision considering certain aid measures compatible with the internal market and finding other measures not to be aid — Action brought by a competing undertaking of the recipient undertaking which participated in the administrative procedure — Competing undertaking unable to justify its position in the market at issue being sufficiently concerned — Inadmissibility (Art. 263, fourth para. TFEU) (see paras 111-144) |
8. |
Action for annulment — Natural or legal persons — Concept of regulatory act within the meaning of the fourth paragraph of Article 263 TFUE — Any act of general scope other than legislative acts — Commission Decision on individual aid — Not included (Art. 263, fourth para. TFEU) (see paras 148-150) |
9. |
Judicial proceedings — Costs — Recoverable costs — Avoidable costs provoked by a party and incurred by the Court — Repayment — Conditions (Rules of Procedure of the General Court, Art. 139(a)) (see paras 155, 156) |
Re:
Action under Article 263 TFEU for the annulment of Commission Decision (EU) 2016/788 of 1 October 2014 on the State aid SA.32833 (11/C) (ex 11/NN) implemented by Germany concerning the financing arrangements for Frankfurt Hahn airport put into place in 2009 to 2011 (OJ 2016, L 134, p. 1).
Operative part
1. |
The action is dismissed. |
2. |
Deutsche Lufthansa AG shall bear its own costs and pay those of the European Commission and of the Land Rheinland-Pfalz. |