3.3.2012   

EN

Official Journal of the European Union

C 65/4

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set aside the judgment of the General Court (Fifth Chamber) of 29 September 2011, notified to the Commission on 30 September 2011, in Case T-442/07 Ryanair Ltd v European Commission in so far as it declares that the Commission of the European Communities failed to fulfil its obligations under the EC Treaty by failing to adopt a decision in respect of the transfer of the 100 Alitalia employees complained of in the letter;

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reject the application for a declaration of failure to act by the Commission of the European Communities in failing to adopt a decision in respect of the transfer of the 100 Alitalia employees, complained of in the letter of 16 June 2006 sent to the Commission by Ryanair Ltd;

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order Ryanair Ltd to pay the costs;

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alternatively,

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Misinterpretation of Articles 10(1) and 20(2) of Regulation (EC) No 659/1999 (1). The General Court erred in law when it set out the criteria that determine if the Commission is in possession of information or a complaint about alleged unlawful aid;

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Error in the legal qualification of Ryanair's letter of 16 June 2006. The General Court concluded that the Commission had received a complaint or information regarding alleged unlawful aid in the form of the letter of 16 June 2006. The Commission considers that in so doing the General Court erred in law by reason of a mistaken qualification of that letter;

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Error in law in ascertaining whether the Commission was under a duty to act for the purposes of Article 232 EC by reference to the requirements of Article 20(2) of Regulation (EC) No 659/1999.