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4.3.2019 |
EN |
Official Journal of the European Union |
C 82/41 |
Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission
(Case T-165/16) (1)
((State aid - Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services - Airport services - Marketing services - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Notion of State aid - Advantage - Private investor test - Recovery - Article 41 of the Charter of Fundamental Rights of the European Union - Access to the file - Right to be heard))
(2019/C 82/46)
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: European Commission (represented by: L. Flynn, L. Armati, and S. Noë, acting as Agents)
Intervener in support of the defendant: Council of the European Union (represented by: S. Boelaert and S. Petrova, acting as Agents)
Re:
Action under Article 263 TFEU for the partial annulment of Commission Decision (EU) 2016/287 of 15 October 2014 on State aid SA.26500 — 2012/C (ex 2011/NN, ex CP 227/2008) implemented by Germany for Flugplatz Altenburg-Nobitz GmbH and Ryanair Ltd (OJ 2016 L 59, p. 22).
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Ryanair DAC and Airport Marketing Services Ltd to bear their own costs and to pay those incurred by the European Commission; |
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3. |
Orders the Council of the European Union to bear its own costs. |