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29.6.2015 |
EN |
Official Journal of the European Union |
C 213/24 |
Judgment of the General Court of 13 May 2015 — Niki Luftfahrt v Commission
(Case T-162/10) (1)
((Competition - Mergers - Air transport - Decision declaring the merger compatible with the common market - Assessment of the effects of the merger on competition - Undertakings))
(2015/C 213/44)
Language of the case: German
Parties
Applicant: Niki Luftfahrt GmbH (Vienna, Austria) (represented by: H. Asenbauer and A. Habeler, lawyers)
Defendant: European Commission (represented initially by: S. Noë, R. Sauer and N. von Lingen, and subsequently by: S. Noë, R. Sauer and H. Leupold, acting as Agents)
Interveners in support of the defendant: Republic of Austria (represented initially by: C. Pesendorfer, E. Riedl and A. Posch, and subsequently by: C. Pesendorfer and M. Klamert, acting as Agents); Deutsche Lufthansa AG (Cologne, Germany) (represented initially by: S. Völcker and A. Israel, and subseqeuntly by: S. Völcker and J. Orologas, lawyers), and Österreichische Industrieholding AG (Vienna) (represented by: H. Kristoferitsch, P. Lewisch and B. Kofler-Senoner, lawyers)
Re:
Annulment of Commission Decision C (2009) 6690 final of 28 August 2009 declaring a merger compatible with the common market and the EEA Agreement (Case COMP/M.5440 — Lufthansa/Austrian Airlines).
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Niki Luftfahrt GmbH to bear its own costs and pay those incurred by the European Commission, Österreichische Industrieholding AG and Deutsche Lufthansa AG. |
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3. |
Orders the Republic of Austria to bear its own costs. |