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Document 62016TA0077

    Case T-77/16: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Advantage — Private investor test — Recovery — Selectivity)

    OJ C 82, 4.3.2019, p. 40–41 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    4.3.2019   

    EN

    Official Journal of the European Union

    C 82/40


    Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission

    (Case T-77/16) (1)

    ((State aid - Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services - Airport services - Marketing services - Decision declaring the aid incompatible with the internal market and ordering its recovery - Notion of State aid - Advantage - Private investor test - Recovery - Selectivity))

    (2019/C 82/45)

    Language of the case: English

    Parties

    Applicants: Ryanair DAC, formerly Ryanair Ltd (Dublin, Ireland), Airport Marketing Services Ltd (Dublin) (represented by: G. Berrisch, E. Vahida, I.-G. Metaxas-Maranghidis, lawyers, and B. Byrne, Solicitor)

    Defendant: Commission (represented by: L. Armati, L. Flynn and S. Noë, acting as Agents)

    Interveners in support of the defendant: Republic of Latvia (represented initially by: D. Pelše, J. Treijs-Gigulis and I. Kalniņš, and subsequently by I. Kucina, acting as Agents) and Council of the European Union (represented by: S. Boelaert and S. Petrova, acting as Agents)

    Re:

    Action under Article 263 TFEU for partial annulment of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport (OJ 2016 L 34, p. 68).

    Operative part of the judgment

    The Court:

    1.

    Annuls Article 1(2) of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport, and Articles 3, 4 and 5 of that decision, in so far as they concern Ryanair DAC and Airport Marketing Services Ltd;

    2.

    Orders the European Commission to bear its own costs and to pay the costs incurred by Ryanair and Airport Marketing Services;

    3.

    Orders the Council of the European Union to pay its own costs;

    4.

    Orders the Republic of Latvia to bear its own costs.


    (1)  OJ C 165, 10.5.2016.


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