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Case C-127/21 P: Judgment of the Court (Third Chamber) of 16 March 2023 — American Airlines Inc. v European Commission, Delta Air Lines Inc. (Appeal — Regulation (EC) No 139/2004 — Concentrations between undertakings — Air transport market — Concentration declared compatible with the internal market — Commitments entered into by the parties to the concentration — Decision granting grandfathering rights — Concept of ‘appropriate use’)
ECLI:EU:UNKNOWN:62021CA0127
62021CA0127
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8.5.2023
Official Journal of the European Union
C 164/5
(Case C-127/21 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - Regulation (EC) No 139/2004 - Concentrations between undertakings - Air transport market - Concentration declared compatible with the internal market - Commitments entered into by the parties to the concentration - Decision granting grandfathering rights - Concept of ‘appropriate use’)
(2023/C 164/05)
Language of the case: English
Appellant: American Airlines Inc. (represented by: J.-P. Poitras, avocat, J. Ruiz Calzado, abogado, and J. Wileur, avocat)
Other parties to the proceedings: European Commission (represented by: T. Franchoo, H. Leupold and L. Wildpanner, acting as Agents), Delta Air Lines Inc. (represented by: C. Angeli, avocate, M. Demetriou, Barrister-at-Law, and I. Giles, advocaat)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders American Airlines Inc. to bear its own costs and to pay those incurred by the European Commission and Delta Air Lines Inc. in the present proceedings.
(<span class="oj-super">1</span>) OJ C 163, 3.5.2021.