EN

Official Journal of the European Union

C 462/28

(Case T-712/16)

(2016/C 462/36)

Language of the case: English

Parties

Applicant: Deutsche Lufthansa AG (Cologne, Germany) (represented by: S. Völcker, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul, in whole or in part, Commission Decision C(2016) 4964 final of 25 July 2016 in Case No M.3770 — Lufthansa/Swiss — Commission decision on Lufthansa’s request for a partial waiver of the commitments concerning the Zurich-Stockholm and Zurich-Warsaw routes;

—order the Commission to pay the 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 decision must be annulled because it is vitiated by a manifest error of assessment and as a result breaches the principles of proportionality and protection of legitimate expectations by refusing to review and/or waive certain commitments imposed by Commission Decision of 4 July 2005 in Case No COMP/M.3770 — Lufthansa/Swiss.

2.Second plea in law, alleging that the decision must be annulled because the Commission has breached the principle of good administration in failing to assess carefully and impartially all the elements of the case.

3.Third plea in law, alleging that the decision must be annulled because the Commission has misused its powers in circumventing the administrative procedure under Regulation 1/2003.