This document is an excerpt from the EUR-Lex website
Document 62021TA0034
Joined Cases T-34/21 and T-87/21: Judgment of the General Court of 10 May 2023 — Ryanair and Condor Flugdienst v Commission (Lufthansa; COVID-19) (State aid — German air transport market — Aid granted by Germany to an airline in the context of the COVID-19 pandemic — Recapitalisation of Deutsche Lufthansa — Decision not to raise any objections — Temporary Framework for State aid measures — Actions for annulment — Locus standi — Substantial effect on competitive position — Admissibility — Significant market power — Additional measures to preserve effective competition on the market — Obligation to state reasons)
Joined Cases T-34/21 and T-87/21: Judgment of the General Court of 10 May 2023 — Ryanair and Condor Flugdienst v Commission (Lufthansa; COVID-19) (State aid — German air transport market — Aid granted by Germany to an airline in the context of the COVID-19 pandemic — Recapitalisation of Deutsche Lufthansa — Decision not to raise any objections — Temporary Framework for State aid measures — Actions for annulment — Locus standi — Substantial effect on competitive position — Admissibility — Significant market power — Additional measures to preserve effective competition on the market — Obligation to state reasons)
Joined Cases T-34/21 and T-87/21: Judgment of the General Court of 10 May 2023 — Ryanair and Condor Flugdienst v Commission (Lufthansa; COVID-19) (State aid — German air transport market — Aid granted by Germany to an airline in the context of the COVID-19 pandemic — Recapitalisation of Deutsche Lufthansa — Decision not to raise any objections — Temporary Framework for State aid measures — Actions for annulment — Locus standi — Substantial effect on competitive position — Admissibility — Significant market power — Additional measures to preserve effective competition on the market — Obligation to state reasons)
OJ C 223, 26.6.2023, p. 18–18
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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26.6.2023 |
EN |
Official Journal of the European Union |
C 223/18 |
Judgment of the General Court of 10 May 2023 — Ryanair and Condor Flugdienst v Commission (Lufthansa; COVID-19)
(Joined Cases T-34/21 and T-87/21) (1)
(State aid - German air transport market - Aid granted by Germany to an airline in the context of the COVID-19 pandemic - Recapitalisation of Deutsche Lufthansa - Decision not to raise any objections - Temporary Framework for State aid measures - Actions for annulment - Locus standi - Substantial effect on competitive position - Admissibility - Significant market power - Additional measures to preserve effective competition on the market - Obligation to state reasons)
(2023/C 223/24)
Language of the case: English
Parties
Applicant in Case T-34/21: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F.-C. Laprévote, S. Rating, I.-G. Metaxas-Maranghidis and V. Blanc, lawyers)
Applicant in Case T-87/21: Condor Flugdienst GmbH (Neu-Isenburg, Germany) (represented by: A. Israel, J. Lang and E. Wright, lawyers)
Defendant: European Commission (represented by: L. Flynn, S. Noë and F. Tomat, acting as Agents)
Interveners in support of the defendant in Case T-34/21: Federal Republic of Germany (represented by: J. Möller and P.-L. Krüger, acting as Agents), French Republic (represented by: T. Stéhelin, J.-L. Carré and P. Dodeller, acting as Agents)
Intervener in support of the defendant in Cases T-34/21 and T-87/21: Deutsche Lufthansa AG (Cologne, Germany) (represented by: H.-J. Niemeyer and J. Burger, lawyers)
Re:
By their actions on the basis of Article 263 TFEU, the applicants seek annulment of Commission Decision C(2020) 4372 final of 25 June 2020 concerning State Aid SA.57153 (2020/N) — Germany — COVID-19 — Aid to Lufthansa.
Operative part of the judgment
The Court:
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1. |
Annuls Commission Decision C(2020) 4372 final of 25 June 2020 concerning State Aid SA.57153 — Germany — COVID-19 — Aid to Lufthansa, as corrected by Commission Decision C(2021) 9606 final of 14 December 2021; |
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2. |
Orders the European Commission to bear its own costs and to pay those incurred by Ryanair DAC in Case T-34/21 and by Condor Flugdienst GmbH in Case T-87/21; |
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3. |
Orders the Federal Republic of Germany, the French Republic and Deutsche Lufthansa AG to bear their own costs in Case T-34/21; |
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4. |
Orders the Federal Republic of Germany and Deutsche Lufthansa to bear their own costs in Case T-87/21. |