Judge on Kirchberg rejected Lufthansa’s lawsuit against Hahn aid

In the dispute over millions of subsidies from Rhineland-Palatinate to Hahn Airport, the EU court decided for the first time in favor of the federal state.

In a new judgment after the revision at the European Court of Justice (ECJ), Lufthansa’s lawsuit was now rejected for formal reasons (Az.: T-218/18 RENV). The airline had not sufficiently executed its legal authorization and left its application goals open, it said.

Aid of 25.3 million euros

The EU Commission had allowed Rhineland-Palatinate to cover operating losses with a subsidy of 25.3 million euros from 2017 to 2021. Lufthansa, which does not use Hahn Airport itself, looked at the support as a distortion of competition and therefore had brought an action.

Hahn Airport is particularly used by the largest European low -cost aircraft Ryanair. The EU Commission had taken the view that its flights from Hahn did not touch the competitive situation of Lufthansa.

In a first procedure, the EU court overturned the multi-million dollar support of the State of Rhineland-Palatinate in May 2021. In contrast, with the support of the federal government in the second instance, the country has successfully resisted the ECJ. Here the procedure was once again referred to the first instance to clarify further legal questions. Appeal against the now fallen judgment can be filed again.