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Case T-764/15: Action brought on 29 December 2015 — Deutsche Lufthansa v Commission

ECLI:EU:UNKNOWN:62015TN0764

62015TN0764

December 29, 2015
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22.2.2016

EN

Official Journal of the European Union

C 68/43

(Case T-764/15)

(2016/C 068/55)

Language of the case: German

Parties

Applicant: Deutsche Lufthansa AG (Cologne, Germany) (represented by: A. Martin-Ehlers, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

Annul the decision of the European Commission of 1 October 2014 in Case SA.32833 (2011/C) (ex 20111NN) — Hahn Airport;

Order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant submits, in essence, the following:

procedural defects due to failing to hold further talks with the applicant in 2014,

incomplete presentation of the case, although the facts of the case were known to the defendant at the time of the adoption of the contested decision,

incorrect legal assessment of the measures in favour of the airport concerned in so far as certain measures were not classified as State aid for the purposes of Article 107(1) of TFEU and others were classified as State aid which is compatible with the common market,

failure to take into consideration that all the aid referred to in the contested decision in favour of the airport concerned was, in end effect, passed on to Ryanair as the most important user of that airport.

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