Case T- 712/16 Deutsche Lufthansa v Commission (partial waiver of merger commitments) [Archived]
Case T- 712/16 Deutsche Lufthansa v Commission (partial waiver of merger commitments) [Archived]

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

  • Case T- 712/16 Deutsche Lufthansa v Commission (partial waiver of merger commitments) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related cases

CASE HUB

ARCHIVED—this archived case hub reflects the position at the date of the judgment of 16 May 2018; it is no longer maintained.

See further, timeline, commentary and related cases.

Case facts

Outline Appeal to the General Court of the European Commission’s decision to reject a request for the partial waiver of commitments accepted in Case M.3770 Lufthansa/Swiss.

Latest development On 16 May 2018, the General Court issued its judgment, in which it partially annulled the decision of the European Commission to reject a request for the partial waiver of commitments accepted in Case M.3770 Lufthansa/Swiss. The General Court concluded that the Commission failed to examine all relevant information, including the termination of a joint venture agreement, and failed to take account of a change in policy by the Commission in relation to the assessment of codeshare agreements. Therefore it annulled the decision in relation to the rejection of a waiver request in relation to the Zurich-Stockholm route where there had been a change in contractual relationships since the original decision to accept commitments. However, it upheld the decision in relation to the Zurich-Warsaw route, where there had not been a change in such contractual