CHSH reports that the EU General Court in Luxembourg issued a judgment on May 13, 2015 rejecting both appeals brought by airline Niki in connection with the acquisition of Austrian Airlines by Lufthansa, bringing a long dispute to an end. CHSH represented OBIB (at the time doing business as OIAG), the seller of AUA.
The General Court issued two judgments on this complex set of issues, both of which emphasized the legality of the sale: First, the question of whether the negative purchase price paid by Lufthansa constituted prohibited state aid (the ECJ ruled that it did not); and second, with regard to the merger control proceedings, the issue of the negative effects of the concentration (the judges in Luxembourg concluded this was not of relevance).
"We're extremely pleased that in issuing its judgments, the General Court in Luxembourg entirely shares our legal opinion and it has confirmed that our analysis was correct from the very beginning,” said Hans Kristoferitsch, CHSH Partner in the European Union law team at CHSH.
"It's a major achievement that such a large project could be brought to a successful conclusion after many years and that this has also been confirmed by the 'highest legal authority in Europe,’" said Partner Bernhard Kofler-Senoner, who specializes in antitrust law.
The team at CHSH which oversaw the proceedings before the General Court included Partners Kristoferitsch and Kofler-Senoner, Partner Stefan Huber, and Senior Attorney Peter Lewisch.