Order of the General Court (Third Chamber) of 12 July 2021

Data

Court: General Court

Case date: 12 juli 2021

Verdict

Order of the Genera Court (Third Chamber) of 12 July 2021 –
Ryanair and Laudamotion v Commission

(Case T‑866/19)

"(Action for annulment - Air transport - Regulation (EC) No 1008/2008 - Rules on the distribution of air traffic between Schiphol and Lelystad Airports - Priority for the allocation of slots to Lelystad Airport - Regulatory act entailing implementing measures - Not individually concerned - Inadmissibility)"

1. Action for annulmentNatural or legal personsConcept of regulatory act within the meaning of the fourth paragraph of Article 263 TFEUAny measure of general application other than legislative actsCommission Decision relating to the establishment of traffic distribution rules for national airports setting a priority for the allocation of time slots to certain air carriersIncluded

(Art. 263, fourth para., TFEU; European Parliament and Council Regulation No 1008/2008, Art. 19; Council Regulation No 95/93)

(see paras 33-35)

2. Action for annulmentNatural or legal personsRegulatory acts entailing implementing measuresMeaningCommission Decision relating to the establishment of traffic distribution rules for national airports setting a priority for the allocation of time slots to certain air carriersIncluded

(Art. 263, fourth para., TFEU; European Parliament and Council Regulation No 1008/2008, Art. 19; Council Regulation No 95/93)

(see paras 39-42, 58-60, 63)

3. Action for annulmentNatural or legal personsMeasures of direct and individual concern to themIndividual concernCriteriaCommission Decision relating to the establishment of traffic distribution rules for national airports setting a priority for the allocation of time slots to certain air carriersAction brought by other air carriersNot individually concernedInadmissibility

(Art. 263, fourth para., TFEU; European Parliament and Council Regulation No 1008/2008, Art. 19; Council Regulation No 95/93)

(see paras 87-90)

Re:

Application under Article 263 TFEU seeking the annulment of Commission Implementing Decision (EU) 2019/1585 of 24 September 2019 on the establishment of traffic distribution rules pursuant to Article 19 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council for the airports Amsterdam Schiphol and Amsterdam Lelystad (OJ 2019 L 246, p. 24).

Operative part

1. The action is dismissed.

2. There is no need to rule on the application for leave to intervene submitted by the Kingdom of the Netherlands.

3. Ryanair DAC and Laudamotion GmbH shall bear their own costs and pay the costs incurred by the European Commission.

4. The Kingdom of the Netherlands shall bear its own costs relating to the application for leave to intervene.