Case T-342/07: Action brought on 10 September 2007 — Ryanair v Commission
Date: 2007-11-10
Institutions: Court of First Instance
Subjects: action for annulment (EU), air transport, competition law, discount sale, economic concentration, merger

10.11.2007

EN

Official Journal of the European Union

C 269/59

reaching the contested decision, since the later was based on
unsubstantiated facts and allegations. In addition, according to
the applicant, the decision at stake violates the principle of
sound administration. Moreover, the applicant submits that the
decision violates Article 2(3) of Regulation 2580/2001 EC and
Article 1(4) of Common Position 2001/931/CFSP and contra-
venes the principle of proportionality. Furthermore, the appli-
cant contends that the decision is contrary to the freedom of
circulation of capital, enshrined in Article 56 EC. Finally, the
applicant alleges that the decision was taken in violation of the
general principles of Community law deriving from the prin-
ciple of due process, the right to an impartial Court, the prin-
ciple of presumption of innocence, the rights of defense and the
right to be heard, the principle of
legality, the right to the
freedom of expression, the right of association as well as the
right of ownership, provided in the European Convention of
Human Rights. Lastly, the applicant contends that the Council
misused its power by including the applicant on the list annexed
to the contested decision.

(1) OJ L 169, p. 58.
(2) OJ L 344, 28.12.2001, p. 70.

market and the functioning of
COMP/M.4439 — Ryanair/Aer Lingus).

the EEA Agreement

(Case

The applicant's main contention is that the Commission alleg-
edly erred in finding, and failed to demonstrate to the requisite
legal standard, that the merger would lead to a significant impe-
diment to effective competition in the common market. In the
alternative, the applicant submits that the Commission erred in
finding, and failed to show to the requisite legal standard, that
the merger as modified by the various commitments offered by
the applicant during the investigation would lead to a significant
impediment to effective competition.

In support of its claims, the applicant pleads that the Commis-
sion made manifest errors of assessment with regards to (a) the
competitive relationship between the two carriers;
the
its route-by-route analysis, as
(c)
barriers to entry/expansion;
well as fundamental and manifest errors in its appreciation of
the efficiencies which would flow from the merger and the
treatment of the commitments offered by the applicant.

(b)

Action brought on 10 September 2007 — Ryanair v
Commission

(Case T-342/07)

(2007/C 269/106)

Language of the case: English

Action brought on 12 September 2007 — allsafe Jungfalk v
OHIM (ALLSAFE)

(Case T-343/07)

(2007/C 269/107)

Language of the case: German

Parties

Parties

Applicant: allsafe Jungfalk GmbH & Co. KG (Engen, Germany)
(represented by D. Jestaedt and J. Bühling, lawyers)

Applicant: Ryanair Holdings Plc (County Dublin, Ireland) (repre-
sented by: J. Swift, QC, V. Power, Solicitor, A. McCarthy, Soli-
citor, G. Berrish, lawyer, D. Hull, Solicitor)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

— Annul the decision;

— order the Commission to bear the costs of these proceed-

ings.

Pleas in law and main arguments

By means of this application, the applicant seeks annulment of
Commission Decision C(2007) 3104, of 27 June 2007,
declaring a concentration to be incompatible with the common

— Annul the Decision of the Fourth Board of Appeal of the
(Trade

Office for Harmonisation in the Internal Market
Marks and Designs) of 11 July 2007 (R 454/2006-4);

— Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘ALLSAFE’ for
goods and services in Classes 6, 12, 22, 35, 39 and 42 (appli-
cation No 2 940 534).

Decision of the Examiner: Refusal of the application.