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EU State aid: CJEU sets aside General Court in Land Rheinland-Pfalz v Lufthansa (Frankfurt-Hahn), clarifying Article 263 standing, ‘interested party’ status, procedural rights and duty to state reasons

Practice notes
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CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the judgment of 14 September 2023; it is no longer maintained. See further, timeline and commentary

Case facts Outline

An appeal was lodged against the General Court’s ruling in Case T‑218/18, which in part allowed an action for annulment aimed at overturning the European Commission’s decision of 31 July 2017, concluding that German public financial support for Frankfurt‑Hahn airport did not amount to unlawful State aid (Case SA.45765). The appeal concerns public support by Germany to Frankfurt‑Hahn airport.

Latest developments

On 14 September 2023, the Court of Justice delivered its judgment, setting aside the General Court’s ruling and remitting the matter to that court for further consideration. It held, in particular, that the General Court failed in its duty to give adequate reasons and committed several errors of law.

Parties

Applicants:

  • Land Rheinland-Pfalz
  • The European Commission (the Commission)

Defendant:

  • Deutsche Lufthansa AG (Deutsche Lufthansa)

Background Background

Frankfurt‑Hahn airport is a regional facility in the German State (Land) of Rhineland‑Palatinate, roughly 120 km west of the city of Frankfurt/Main. In 2016, the airport handled about 2.6 million passengers and 72,600 tonnes of freight. Frankfurt Hahn airport is presently loss‑making...

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Web page updated on 21/05/2026

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