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Case T-218/18: Judgment of the General Court of 19 May 2021 — Deutsche Lufthansa v Commission (State aid — Aviation sector — Operational aid granted by Germany to Frankfurt-Hahn airport — Decision not to raise objections — Action for annulment — Status as an interested party — Safeguard of procedural rights — Admissibility — Guidelines on aid in the aviation sector — Doubts as to the compatibility of the aid with the internal market — Article 4(4) of Regulation (EU) 2015/1589 — Serious difficulties)

ECLI:EU:UNKNOWN:62018TA0218

62018TA0218

May 19, 2021
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Official Journal of the European Union

C 263/14

(Case T-218/18) (<span class="oj-super oj-note-tag">1</span>)

(State aid - Aviation sector - Operational aid granted by Germany to Frankfurt-Hahn airport - Decision not to raise objections - Action for annulment - Status as an interested party - Safeguard of procedural rights - Admissibility - Guidelines on aid in the aviation sector - Doubts as to the compatibility of the aid with the internal market - Article 4(4) of Regulation (EU) 2015/1589 - Serious difficulties)

(2021/C 263/19)

Language of the case: German

Parties

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

Defendant: European Commission (represented by: K. Herrmann, T. Maxian Rusche and S. Noë, acting as Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented by: J. Möller, R. Kanitz, S. Heimerl and S. Costanzo, acting as Agents), Land Rheinland-Pfalz (Germany) (represented by: R. van der Hout and C. Wagner, lawyers)

Re:

Application under Article 263 TFEU seeking annulment of Commission Decision C(2017) 5289 final of 31 July 2017, on State aid SA.47969 (2017/N) implemented by Germany concerning operating aid granted to Frankfurt-Hahn airport.

Operative part of the judgment

The Court:

1.Annuls Commission Decision C(2017) 5289 final of 31 July 2017, on State aid SA.47969 (2017/N) implemented by Germany concerning operating aid granted to Frankfurt-Hahn airport;

2.Orders the European Commission to pay its own costs and bear those incurred by Deutsche Lufthansa AG;

3.Orders the Federal Republic of Germany and the Land Rheinland-Pfalz to bear their own costs.

(<span class="oj-super">1</span>) OJ C 190, 4.6.2018.

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