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Document 62020TA0465

Case T-465/20: Judgment of the General Court of 19 May 2021 — Ryanair v Commission (TAP; Covid-19) (State aid — Portuguese air transport market — Aid provided by Portugal to TAP owing to the COVID-19 pandemic — State loan — Decision not to raise any objections — Point 22 of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty — Company belonging to a group — Intrinsic difficulties not resulting from an arbitrary allocation of costs within the group — Difficulties which are too serious to be dealt with by the group itself — Duty to state reasons — Maintenance of the effects of the decision)

OJ C 263, 5.7.2021, p. 20–21 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

5.7.2021   

EN

Official Journal of the European Union

C 263/20


Judgment of the General Court of 19 May 2021 — Ryanair v Commission (TAP; Covid-19)

(Case T-465/20) (1)

(State aid - Portuguese air transport market - Aid provided by Portugal to TAP owing to the COVID-19 pandemic - State loan - Decision not to raise any objections - Point 22 of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty - Company belonging to a group - Intrinsic difficulties not resulting from an arbitrary allocation of costs within the group - Difficulties which are too serious to be dealt with by the group itself - Duty to state reasons - Maintenance of the effects of the decision)

(2021/C 263/27)

Language of the case: English

Parties

Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F.-C. Laprévote, S. Rating, I.-G. Metaxas-Maranghidis and V. Blanc, lawyers)

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

Interveners in support of the defendant: French Republic (represented by: P. Dodeller and E. de Moustier, acting as Agents), Republic of Poland (represented by: B. Majczyna, acting as Agent), Portuguese Republic (represented by: L. Inez Fernandes, P. Barros da Costa and S. Jaulino, acting as Agents, and by N. Mimoso Ruiz, lawyer)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2020) 3989 final of 10 June 2020 on State aid SA.57369 (2020/N) COVID-19 — Portugal — Aid to TAP.

Operative part of the judgment

The Court:

1.

Annuls Commission Decision C(2020) 3989 final of 10 June 2020 on State aid SA.57369 (2020/N) — COVID-19 — Portugal — Aid to TAP;

2.

Orders the effects of the annulment of that decision to be suspended pending the adoption of a new decision by the European Commission under Article 108 TFEU; those effects are to be suspended for a period not exceeding two months from the date of delivery of this judgment if the Commission decides to adopt such a new decision under Article 108(3) TFEU, and for a reasonable further period if the Commission decides to initiate the procedure under Article 108(2) TFEU;

3.

Orders the Commission to bear its own costs and to pay those incurred by Ryanair DAC;

4.

Orders the French Republic, the Republic of Poland and the Portuguese Republic to bear their own respective costs.


(1)  OJ C 287, 31.8.2020.


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