Jurisdiction(s):
United Kingdom

CJEU upholds Commission: 'appropriate use' of merger remedy slots means absence of misuse; no full utilisation obligation; Form RM relevant (American Airlines v Commission, C-127/21 P)

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Practice notes

CASE HUB ARCHIVED

This archived case hub records the position as at the judgment dated 9 March 2023 and is no longer updated. See further: timeline, Case facts, Outline.

Outline

Appeal against the General Court’s judgment in Case T‑430/18, which dismissed an action seeking annulment of the Commission decision granting grandfathering rights over slots released under commitments in Case COMP/M.6607-US Airways/American Airlines.

Outcome

On 16 March 2023, the Court of Justice delivered its ruling, rejecting the appeal in full. It found, among other points, that:

the General Court correctly read “appropriate use” as denoting the absence of “misuse”;
its assessment of the slot utilisation threshold consistent with no “misuse” was sound, as the commitments did not require a rate above industry practice;
Delta was not required to exhaust all allocated slot capacity; and
the General Court did not err in its treatment of the contents of Form RM (by which the proposed commitments were submitted to the European Commission).

Parties

Appellant: American Airlines...

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