Action brought on 8 May 2013 - Ryanair Holdings v Commission

(Case T-260/13)

Language of the case: English

Parties

Applicant: Ryanair Holdings plc (Dublin, Ireland) (represented by: G. Berrisch, lawyer, and D. Hull, Solicitor)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

Annul the decision of the European Commission C(2013) 1106 final of 27 February 2013 declaring a merger to be incompatible with the internal market and the EEA Agreement (Case No COMP/M.6663 - Ryanair/Aer Lingus III);

Order the defendant to bear the costs of these proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, alleging that the Commission erred in finding, and failed to demonstrate to the requisite legal standard, that the merger, as modified by the commitments offered by the applicant, would significantly impede effective competition in the common market. The applicant also submits that the Commission violated the principle of proportionality, the principle of sound administration, and the obligation to state reasons.

In support of its claims, the applicant pleads that the Commission made manifest errors of assessment and violated the above-mentioned principles with regard to (a) the commitments relating to the divestiture of Aer Lingus's operations on 43 overlap routes to Flybe Group plc; (b) the commitments relating to the Dublin-London, Cork-London, and Shannon-London routes; (c) the commitments relating Aer Arann's operation on the 43 overlap routes on which Flybe would operate, and (d) the commitments relating to the routes on which the Commission identified potential competition concerns.

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