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Case T-712/16: Judgment of the General Court of 16 May 2018 — Deutsche Lufthansa v Commission (Competition — Concentrations — Air transport market — Decision declaring a concentration compatible with the internal market subject to certain commitments — Request for a waiver of part of the obligations forming the subject matter of the commitments — Proportionality — Legitimate expectations — Principle of good administration — Misuse of powers)
ECLI:EU:UNKNOWN:62016TA0712
62016TA0712
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Valentina R., lawyer
(Case T-712/16) (*1)
Language of the case: English
Parties
Applicant: Deutsche Lufthansa AG (Cologne, Germany) (represented by: S. Völcker, lawyer)
Defendant: European Commission (represented by: A. Biolan, H. Leupold and I. Zaloguin, acting as Agents)
Re:
Application under Article 263 TFEU for annulment of Commission Decision C(2016) 4964 final of 25 July 2016 rejecting the applicant’s request for a waiver of certain commitments rendered binding by the Commission Decision of 4 July 2005 approving the merger in Case COMP/M.3770 –– Lufthansa/Swiss.
Operative part of the judgment
The Court:
1.Annuls, in so far as it concerns the Zurich-Stockholm route, Commission Decision C(2016) 4964 final of 25 July 2016 rejecting Deutsche Lufthansa AG’s request for a waiver of certain commitments rendered binding by the Commission decision of 4 July 2005 approving the merger in Case COMP/M.3770 –– Lufthansa/Swiss;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
* Language of the case: English.
(1) OJ C 462, 12.12.2016.
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