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Lacking Economics – Lacking Fundamental Rights of legal Protection:

The Opinion of Attorney General Szpunar in Case C-453/19-P Lufthansa vs European Commission on Ryanair and Hahn Airport

Andrés Martin-Ehlers, Niels Frank


Keywords: competitor claim, standing, locus standi, Plaumann formula, substantial effect on market position, growth markets, Lufthansa, COVID-19

Dr Andrés Martin-Ehlers is a partner of the law firm Oppenhoff and heads the department anti-trust and state aid; Niels Frank is economist and partner with Lademann & Associates. The contribution relates to an ongoing case, ie the recourse of Deutsche Lufthansa AG (DLH) to the European Court of Justice in the case C-453/19-P. The case is a competitor case, ie a claim against the direct and indirect granting of aid in favor of an Irish low cost airline. In its decision SA.21121 the European Commission had concluded that no aid had been granted to the recipient. DLH challenged this decision. In its judgment of 2019, the General court had dismissed the claim of DLH as inadmissible (T-492/15). The claimant is represented by Andrés Martin-Ehlers. For correspondence: <>.


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