Notices for publication in the OJ nº T-430/18 of Tribunal General de la Unión Europea, August 24, 2018

• Resolution Date: August 24, 2018
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-430/18

Action brought on 10 July 2018 - American Airlines/Commission

(Case T-430/18)

Language of the case: English

Parties

Applicant: American Airlines, Inc. (Fort Worth, Texas, United States) (represented by: J. Poitras, Solicitor, J. Ruiz Calzado and J. Wileur, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul the Grandfathering Approval Decision (Decision C(2018) 2788 of 30 April 2018);

order the Commission and any interveners in support of the Commission to pay the costs; and

making any other order as may be appropriate in the circumstances of the case.

Pleas in law and main arguments

The applicant submits that that the European Commission committed both errors of law and manifest errors of assessment in adopting decision C(2018) 2788 of 30 April 2018 in which the Commission determined that Delta was entitled to acquire grandfathering rights over the slots made available by American Airlines under the commitments submitted in Case M.6607 (the “Commitments”).

In support of the action, the applicant relies on two pleas in law:

First plea in law, alleging that the Commission committed an error of law in applying the wrong legal standard for the acquisition of grandfathering rights under the Commitments.

The applicant submits that in assessing whether Delta had made “appropriate use” of the slots pursuant to the Commitments, the Commission decided that the only analysis to be undertaken was to verify that Delta was not in a situation of “misuse”. The applicants further puts forward...