Judgment of the General Court of 4 May 2022 — Wizz Air Hungary v Commission (TAROM; Rescue Aid)

(Case T-718/20) (1)

(State aid - Air transport - Support measure taken by Romania - Rescue aid to TAROM - Decision not to raise any objections - Action for annulment - Status as a party concerned - Safeguarding of procedural rights - Admissibility - Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty - Measure aiming to prevent social hardship or to address market failure - ‘One time, last time’ principle - Effect of earlier aid granted before Romania’s accession to the European Union - Serious difficulties - Obligation to state reasons)

(2022/C 266/24)

Language of the case: English

Parties

Applicant: Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) (Budapest, Hungary) (represented by: E. Vahida, S. Rating and I.-G. Metaxas-Maranghidis, lawyers)

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

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Decision C(2020) 1160 final of the Commission of 24 February 2020 concerning State Aid SA.56244 (2020/N) — Romania — Rescue aid to TAROM (OJ 2020 C 310, p. 3), by which the European Commission, first, did not raise any objections to an aid measure granted by Romania to the Compania Nationala de Transporturi Aeriene Romane ‘TAROM SA’ (‘TAROM’) consisting of a loan in the amount of 175 952 000 Romanian lei (RON) (approximately EUR 36 660 000), repayable at the end of a period of six months, and, second, declared that aid to be compatible with the internal market.

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Orders Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) to bear its own costs and to pay those incurred by the European Commission.

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(1)  OJ C 53, 15.2.2021.