Judgment of the General Court of 16 December 2020 — American Airlines v Commission

(Case T-430/18) (1)

(Competition - Concentrations - Air transport market - Decision declaring a concentration compatible with the internal market and the EEA Agreement - Commitments - Decision granting Grandfathering rights - Error of law - Concept of appropriate use)

(2021/C 53/42)

Language of the case: English

Parties

Applicant: American Airlines, Inc. (Fort Worth, Texas, United States) (represented by: J.-P. Poitras, Solicitor, J. Ruiz Calzado and J. Wileur, lawyers)

Defendant: European Commission (represented by: T. Franchoo, H. Leupold and L. Wildpanner, acting as Agents)

Intervener in support of the defendant: Delta Air Lines, Inc. (Wilmington, Delaware (United States) (represented by: M. Demetriou, QC, C. Angeli and I. Giles, lawyers)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2018) 2788 final of 30 April 2018 granting Grandfathering rights to Delta Air Lines (Case M.6607 — US Airways/American Airlines).

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Orders American Airlines, Inc. to bear its own costs and pay those incurred by the European Commission;

3.	Orders Delta Air Lines, Inc. to bear its own costs.

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(1)  OJ C 319, 10.9.2018.