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annul the European Commission’s decision (EU) of 31 March 2020 on State aid SA.56765; (1) and

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order the European Commission to pay the costs.

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The applicant has also requested that its action be determined under the expedited procedure as referred to in Article 23a of the Statute of the Court of Justice.

1.

First plea in law, alleging that the European Commission’s decision violates specific provisions of the TFEU and the general principles of European law regarding the prohibition of discrimination based on nationality and free movement of services that have underpinned the liberalisation of air transport in the EU since the late 1980s. The liberalisation of the air transport market in the EU has allowed the growth of truly pan-European low-fares airlines. The decision of the European Commission ignores the role of such pan-European airlines in the market structure of EU Member States by allowing France to reserve aid only to those EU airlines to which France has issued EU operating licenses. Article 107(2)(b) TFEU provides for an exception to the prohibition of State aid under Article 107(1) TFEU, but it does not provide for an exception to the other rules and principles of the TFEU.

2.

Second plea in law, alleging that the European Commission committed a manifest error of assessment in its review of the proportionality of the aid to the damage caused by the COVID-19 crisis.

3.

Third plea in law, alleging that the European Commission failed to initiate a formal investigation procedure despite serious difficulties and violated the applicant’s procedural rights.

4.

Fourth plea in law, alleging that the European Commission violated its duty to state reasons in its decision.