CELEX: 62021CN0581
Language: en
Date: 2021-09-21 00:00:00
Title: Case C-581/21 P: Appeal brought on 21 September 2021 by Ryanair DAC, Laudamotion GmbH against the order of the General Court (Third Chamber) delivered on 12 July 2021 in Case T-866/19, Ryanair and Laudamotion v Commission

15.11.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 462/31
            
         
      Appeal brought on 21 September 2021 by Ryanair DAC, Laudamotion GmbH against the order of the General Court (Third Chamber) delivered on 12 July 2021 in Case T-866/19, Ryanair and Laudamotion v Commission
      (Case C-581/21 P)
      (2021/C 462/36)
      Language of the case: English
      
         Parties
      
      
         Appellants: Ryanair DAC, Laudamotion GmbH (represented by: E. Vahida, avocat, S. Rating, abogado, and I.-G. Metaxas-Maranghidis, dikigoros)
      
         Other party to the proceedings: European Commission
      
         Form of order sought
      
      The appellants claim that the Court should:
      
                  —
               
               
                  set aside the order under appeal;
               
            
                  —
               
               
                  refer the case back to the General Court for reconsideration;
               
            
                  —
               
               
                  reserve the costs of the proceedings at first instance and on appeal.
               
            
         Pleas in law and main arguments
      
      The appellants advance two grounds of appeal.
      The General Court infringed EU law and distorted the facts (1) in considering that the priority of the Slot Regulation (1) is relevant to determining whether the Traffic Distribution Rules (2) entail implementing measures, and (2) by disregarding the normal course of events in determining the artificial nature of a request by the appellants for an implementing measure from the slot coordinator.
      In addition, the appellants submit that the General Court has failed to state reasons to support its findings in the order under appeal.
      
         (1)  Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJ 1993 L 14, p. 1).
      
         (2)  Commission Implementing Decision (EU) 2019/1585 of 24 September 2019 on the establishment of traffic distribution rules pursuant to Article 19 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council for the airports Amsterdam Schiphol and Amsterdam Lelystad (notified under document C(2019) 6816) (OJ 2019 L 246, p. 24).