Case T- 162/10 Niki Luftfahrt v Commission (merger clearance) [Archived]
Case T- 162/10 Niki Luftfahrt v Commission (merger clearance) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case T- 162/10 Niki Luftfahrt v Commission (merger clearance) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/similar cases


ARCHIVED–this archived case hub reflects the position at the date of the judgment of 13 May 2015; it is no longer maintained.

See further: timeline, commentary and related/similar cases

For details on all current General Court appeals, see further General Court—appeals tracker.

Case facts

Outline Appeal to the General Court seeking annulment of the Commission clearance decision of 28 August 2009 approving (with conditions) Lufthansa's acquisition of Austrian Airlines (Case COMP/M.5440—Lufthansa/Austrian Airlines).

On 13 May 2015, the General Court dismissed the action in its entirety.

This matter underscores the difficulty in challenging merger clearance decisions.

Parties Applicant: Niki Luftfahrt GmbH (Niki Luftfahrt)

Defendant: European Commission

Niki Luftfahrt is an Austrian low-cost airline and a subsidiary of Air Berlin. It is headquartered at Vienna International Airport and, at the material time, operated a competing air service on a number of routes affected by the merger. It runs an airline known as ‘FlyNiki’ or ‘Niki’. with the latter operating from Vienna, Linz, Salzburg, Graz and Innsbruck (Austria) with flights to destinations across Europe and North Africa.

Deutsche Lufthansa AG (Lufthansa) is the largest German airline, a founding member of Star Alliance and one of the leading global carriers. Lufthansa provides scheduled passenger and