The GC has ruled on Ryanair’s application for a declaration that the Commission failed to act by not responding to its November 2005 complaint concerning the exclusive use of Munich Airport’s Terminal 2 by Lufthansa and its Star Alliance Partners. The complaint suggested that the arrangements constituted either unlawful state aid or anti-competitive discrimination in favour of Lufthansa. The GC found that Ryanair did have a legitimate interest in bringing an action in relation to the state aid allegations however it was unnecessary to adjudicate on the Commission’s failure to act, because in July 2008, the Commission had opened a formal investigation into aid to Lufthansa. The GC dismissed the claim that the Commission failed to act in respect of state aid to the Star Alliance as this allegation was not specifically established in the original complaint. The GC also found that the Commission had not unlawfully failed to act in respect of a complaint that Lufthansa and its Star Alliance partners’ exclusive use of Terminal 2 at Munich Airport amounted to an abuse of a dominant position. The GC found that Ryanair had not provided sufficient information regarding its allegations to classify as a formal complaint under the procedural rules. In the circumstances, the GC was not minded to criticise the Commission for failure to act.