On 6 July 2010, the General Court confirmed (in case T-342/07) the validity of the Commission’s 2007 decision prohibiting Ryanair’s acquisition of Aer Lingus. Ryanair took an appeal calling into question findings made by the Commission that the deal would significantly impede effective competition on a number of routes from or to Dublin, Cork and Shannon. The General Court, however, was not swayed by the arguments. At the same time, in a parallel judgment, the General Court confirmed (in case T-411/07) that the Commission was right to refuse to accede to Aer Lingus’s request to order Ryanair to divest its minority shareholding. The Commission has no jurisdiction to order divestment of a minority shareholding that did not give Ryanair the right to exercise control, either in law or fact, over Aer Lingus.
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Ryanair/Aer Lingus decisions confirmed
- Nabarro LLP
- Cyrus Mehta, Brian Sher and Rachel Bickler
- European Union, Ireland
- July 16 2010
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Audrey E Mross
Labor & Employment Attorney
Munck Carter LLP