The grounds of Luxembourg carrier Luxair‘s challenge before the General Court (EC) contesting the European Commission (EC) approval of EasyJet as a remedy buyer in Lufthansa’s acquisition of ITA Airways have been published in the EU Official Journal.
In July last year, the EC cleared the acquisition of joint control of ITA Airways by Deutsche Lufthansa and the Italian Ministry of Economy and Finance with commitments for short-haul routes, long-haul routes, and for Milan Linate airport. Subsequently, the agency in November approved EasyJet Airline Company, International Airlines Group, and Air France-KLM, Société Air France, and Koninklijke Luchtvaart Maatschappij as suitable remedy takers.
In an action lodged before the GC, Luxair argues the EC committed “manifest errors” by failing to apply its own purchaser-approval and suitability criteria, saying EasyJet should not have been cleared as the sole short-haul slot recipient. It also claims the regulator failed to provide adequate reasoning, exceeded its powers under the EU Merger Regulation, and violated principles of legal certainty, equal treatment, and good administration.
The airline further alleges that the contested decision unlawfully reshaped the “remedy architecture” for Milan-Linate slots, creating competitive distortions. Luxair has asked the court to annul the decision in part—or in full if those sections are deemed indivisible—and to order the Commission to cover legal costs.
Separately, the Luxembourgish carrier has also challenged the EC’s greenlight for commitments concerning the slots to be released by the merging parties at the airport of Milan-Linate.
Luxair is represented by lawyer Céline Marchand of Hansen Muller Marchand.
The case is T-522/25 Luxair v Commission before the EU General Court.
Source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C_202504905
