Official Journal of the European Union

C 194/12

(Case T-423/07) (<span class="super">1</span>)

(State aid - Competition - Abuse of a dominant position - Aviation sector - Exclusive use of Terminal 2 at Munich Airport - Action for failure to act - Adoption of a position by the Commission - No need to adjudicate - Obligation to act - None)

2011/C 194/16

Language of the case: English

Parties

Applicant: Ryanair Ltd (Dublin, Ireland) (represented by: E. Vahida, lawyer)

Defendant: European Commission (represented by: L. Flynn, S. Noë and E. Righini, Agents)

Re:

APPLICATION for a declaration that the Commission has failed to act in unlawfully failing to adopt a position on the applicant’s complaint concerning, first, aid allegedly granted by the Federal Republic of Germany to Lufthansa and its Star Alliance partners in the form of the exclusive use of Terminal 2 at Munich Airport (Germany) and, second, alleged abuse of a dominant position by Munich Airport

Operative part of the judgment

The Court:

1.Declares that there is no need to give a ruling on the claim submitted by Ryanair Ltd that the Commission failed to act in relation to the alleged State aid to Lufthansa;

2.Rejects the claim submitted by Ryanair that the Commission failed to act in relation to the alleged State aid to Lufthansa’s Star Alliance partners;

3.Rejects the claim submitted by Ryanair that the Commission failed to act in relation to the alleged abuse of a dominant position;

4.Orders the European Commission to pay its own costs and half of those incurred by Ryanair;

5.Orders Ryanair to pay half its own costs.

(<span class="super">1</span>) OJ C 8, 12.1.2008.