26.11.2011   

EN

Official Journal of the European Union

C 347/40

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To declare, in accordance with Articles 263 and 264 TFEU, that the part of the European Commission’s Decision of 13 July 2011 in State aid case SA.29064 (2011/C ex 2011/NN) — Ireland — Air Transport — Exemptions from air passenger tax finding that the exemption of transfer and transit traffic from the Irish Air Travel Tax does not constitute State aid, is void;

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To order the defendant to bear its own costs and to pay those incurred by the applicant; and

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To take such further action as the Court may deem appropriate.

1.

First plea in law, alleging that the defendant has committed a manifest error of assessment and an error of law by finding that the exemption of transfer and traffic from the Irish Air Travel Tax did not constitute State aid within the meaning of Article 107(1) TFEU.

2.

Second plea in law, alleging that the defendant has infringed Article 108(2) TFEU and Article 4(4) of Council Regulation No 659/1999 (1), in so far as it has failed to initiate the procedure provided for in those provisions, in relation to the aid covered by the first part of the contested Decision, despite the existence of, at a minimum, serious doubts as to the compatibility of the exemption of transfer and transit traffic from the Irish Air Travel Tax with the common market, and has therefore violated the applicant’s procedural rights under Article 108(2) TFEU and Article 6(1) of Council Regulation No 659/1999.

3.

Third plea in law, alleging that the defendant is in breach of its obligation to state reasons, as it provided defective statements of reasons marked by contradictions and overgeneralization.