AIR TRANSPORT : RYANAIR LOSES COURT APPEAL.

On 19 May, the EU General Court dismissed the Irish airline Ryanair in a court challenge against the European Commission concerning abuse of a dominant position by Munich airport in Germany, and alleged state aid to the Germany airline Lufthansa (Case T-423/07). Ryanair applied for a declaration that the Commission had failed to act in failing to adopt a position on the applicant's complaint, made in 2005.a

In its complaint, Ryanair said that Lufthansa enjoyed exclusive use of terminal 2 of Munich airport (hence the abuse of dominant position) and that this exclusive use had been awarded at a cost of 1.5 billion, leading to important financial loss for the airport (hence the state aid).

The court was not to rule on the matter itself (alleged state aid and abuse of dominant position), but rather on the Commission's so-called failure to investigate Ryanair's complaint. On this matter, the Irish airline has been...