Further re Complaint to EU
Ryanair Holdings PLC
17 January 2002
LUFTHANSA'S NIGHTMARE IN GERMANY -
PART THREE
THE 'DIRTY TRICKS' CONTINUE!!!
Ryanair, Europe's largest low fares airline today (Thursday, 17th January
2002) submitted a third complaint to the European Commission complaining about
the latest and most ludicrous legal action by Lufthansa in the Cologne courts.
Having failed originally in its application to the Cologne Court to prevent
Ryanair advertising 'Frankfurt-Hahn' which is the legal name of the airport,
late last week Lufthansa submitted an appeal against the Courts ruling -
unbelievably on an ex parte basis - and managed to persuade the Court of
Appeals that Ryanair should not be allowed to use the legal name of the
airport in any of its advertising.
What is most interesting in Lufthansa's latest application is the extent to
which they have failed to tell the German Court's the truth. It would appear
that Lufthansa omitted to tell the Cologne Court that the actual legal name of
Frankfurt-Hahn Airport is 'Frankfurt-Hahn'. It would also appear that
Lufthansa omitted to tell the Cologne Court that Frankfurt-Hahn is an IATA
designated airport for Frankfurt, and is therefore approved by IATA (of which
Lufthansa is a member) as Frankfurt-Hahn Airport.
Lufthansa also omitted to advise the German Court that even on one of
Lufthansa's own websites (Opodo, which is part owned by Lufthansa) the
designated airports for Frankfurt are 'Frankfurt-Main' and 'Frankfurt-Hahn'.
The lengths to which Lufthansa will go to mislead the German Courts in order
to obtain ludicrous injunctions to prevent Ryanair advertising competition,
low fares and choice for German consumers in the Frankfurt area is quite
extraordinary.
Commenting on this development today, Ryanair's Chief Executive, Michael
O'Leary said;
'The only thing that Lufthansa haven't yet got an injunction from the
German courts is to prevent Ryanair calling itself Ryanair. So far
Lufthansa have attempted to prevent Ryanair showing German consumers
comparative advertising that demonstrates Lufthansa's high prices compared
with Ryanair's low prices. Lufthansa have also tried to prevent Ryanair
using the phrase 'dirty tricks' in connection with Lufthansa, although
clearly these ridiculous Court actions are nothing more than the latest
'dirty tricks' from the German flag carrier airline which is determined to
prevent the spread of competition and low fares in the German market. What
is absolutely crazy is that Lufthansa can now get an order from the German
Courts to prevent Ryanair referring to an airport by its legal name.
'The fact that Lufthansa would fail to tell the Judge or the Court that
this is the legal name of the airport, or that this is an IATA approved
airport for Frankfurt city, or that Lufthansa's own websites refer to it
as Frankfurt- Hahn shows the ridiculous lengths that Lufthansa will go to
to try to prevent Ryanair advertising its services in Germany and
promoting consumer choice and competition. Lufthansa is terrified of
Ryanair's low fares. The ultimate nightmare is that German consumers will
now realise that Lufthansa has been ripping them all off for years.
'This is clearly not a matter that can be left to the German Courts, since
Lufthansa is clearly misusing the legal process in Germany by obtaining
injunctions without any notification to Ryanair, and now by failing to
advise the German Courts of the factual position (such as the legal name
of Frankfurt-Hahn Airport).
'We are now calling on the EU Competition and Transport Commissioners to
investigate this anti-competitive behaviour by Lufthansa in order to
ensure fair competition and the spread of consumer choice and low fares in
the German market.
'As is the case with all of these ludicrous injunctions, Ryanair will
appeal them one by one, and we will be successful on all of these appeals.
Once the German Courts have heard Ryanair's defence I am very confident
that they too will put a stop to Lufthansa's 'dirty tricks' if not we will
take them all the way to the European Courts in Luxembourg.'
ENDS. Thursday, 17th January 2002
For further information
please contact: Michael O'Leary, Ryanair, Tel. 353-1-8121212
Pauline McAlester, Murray Consultants, Tel. 353-1-6633332
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