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23.3.2015 |
EN |
Official Journal of the European Union |
C 96/13 |
Judgment of the General Court of 5 February 2015 — Ryanair v Commission
(Case T-500/12) (1)
((State aid - Irish tax on air passengers - Lower rate for destinations no more than 300 km from Dublin - Decision declaring the aid incompatible with the internal market and ordering its recovery - Advantage - Selective nature - Identification of the beneficiaries of the aid - Article 14 of Regulation (EC) No 659/1999 - Obligation to state reasons))
(2015/C 096/16)
Language of the case: English
Parties
Applicant: Ryanair Ltd (Dublin, Ireland) (represented by: B. Kennelly, Barrister, E. Vahida and I.-G. Metaxas-Maragkidis, lawyers)
Defendant: European Commission (represented by: L. Flynn, D. Grespan and T. Maxian Rusche, acting as Agents)
Intervener in support of the applicant: Aer Lingus Ltd (Dublin, Ireland) (represented by: K. Bacon, D. Scannell, D. Bailey, Barristers, and A. Burnside, Solicitor)
Intervener in support of the defendant: Ireland (represented by: E. Creedon, A. Joyce and J. Quaney, acting as Agents, assisted by E. Regan, SC, and B. Doherty, Barrister)
Re:
Application for annulment of Commission Decision 2013/199/EU of 25 July 2012 on State aid Case SA.29064 (11/C, ex 11/NN) — Differentiated air travel tax rates implemented by Ireland (OJ 2013 L 119, p. 30).
Operative part of the judgment
The Court:
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1. |
Annuls Article 4 of Commission Decision 2013/199/EU of 25 July 2012 on State aid Case SA.29064 (11/C, ex 11/NN) — Differentiated air travel tax rates implemented by Ireland, in so far as it orders the recovery of the aid from the beneficiaries for an amount which is set at EUR 8 per passenger in recital 70 of that decision; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders the European Commission to pay its own costs, as well as half of the costs incurred by Ryanair Ltd; |
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4. |
Orders Ryanair to pay half of its own costs; |
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5. |
Orders Aer Lingus Ltd and Ireland to bear their own costs. |