Official Journal of the European Union

EN

Series C

C/2023/990

27.11.2023

(Case T-1026/23)

(C/2023/990)

Language of the case: English

Parties

Applicant: Laudamotion GmbH (Schwechat, Austria) (represented by: N. Levy, G. Rizza and D. Pérez de Lamo, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—Annul Commission Decision C(2023)5177 of 2 August 2023 in Case AT.40612 — Lufthansa — Air Berlin (routes from/to Vienna);

—Order the Commission to bear the applicants’ and its own costs and expenses in connection with these proceedings; and

—Order any interveners to bear their own costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

1.First plea in law, alleging that the Commission infringed the applicant’s right to good administration under Article 41 of the EU Charter of Fundamental Rights and procedural rights by failing to conduct a diligent investigation. In that context it is also alleged that the Commission failed to take meaningful investigative measures and failed to grant access to documents and effectively deprived the applicant of its right to be heard.

2.Second plea in law, alleging that the Commission manifestly erred in rejecting the applicant’s complaint relying on the existence of another plausible explanation for the parallel behaviour. In that regard, it is alleged that the written submissions made by the applicant in the course of the investigation should have led the Commission to make a different assessment of the complaint, instead of finding a low likelihood of infringement based on a wrong legal standard. It is also alleged that the Commission manifestly erred in determining the existence of another plausible explanation for the parallel behaviour.

3.Third plea in law, alleging that the Commission manifestly erred in rejecting the complaint for lack of anticompetitive effects.

ELI: http://data.europa.eu/eli/C/2023/990/oj

ISSN 1977-091X (electronic edition)

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