# C_2023112EN.01003101.xml

| 27.3.2023 | EN | Official Journal of the European Union | C 112/31 |
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27.3.2023

EN

Official Journal of the European Union

C 112/31

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Judgment of the General Court of 8 February 2023 — Carpatair v Commission

(Case T-522/20) (1)

(State aid - Aviation sector - Measures implemented by Romania in favour of Timișoara Airport - Measures implemented by Timișoara Airport in favour of Wizz Air and airlines using that airport - Decision finding, in part, that there was no State aid in favour of Timișoara Airport and airlines using that airport - Airport charges - Action for annulment - Regulatory act - Individual concern - Substantial effect on competitive position - Direct concern - Interest in bringing proceedings - Admissibility - Article 107(1) TFEU - Selective nature - Advantage - Private operator test)

(2023/C 112/39)

Language of the case: English

Parties

Applicant: Carpatair SA (Timişoara, Romania) (represented by: J. Rivas Andrés and A. Manzaneque Valverde, lawyers)

Defendant: European Commission (represented by: F. Tomat and C. Georgieva, acting as Agents)

Interveners in support of the defendant: Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) (Budapest, Hungary) (represented by: E. Vahida, S. Rating and I.-G. Metaxas-Maranghidis, lawyers), Societăţii Naţionale ‘Aeroportul Internaţional Timişoara — Traian Vuia’ SA (AITTV) (Ghiroda, Romania) (represented by: V. Power and R. Hourihan, Solicitors)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Decision (EU) 2021/1428 of 24 February 2020 on the State Aid SA.31662 — C/2011 (ex NN/2011) implemented by Romania for Timișoara International Airport — Wizz Air (OJ 2021 L 308, p. 1), in so far as it concludes that certain measures do not constitute State aid within the meaning of Article 107(1) TFEU.

Operative part of the judgment

The Court:

| 1. | Annuls Article 2 of Commission Decision (EU) 2021/1428 of 24 February 2020 on the State Aid SA.31662 — C/2011 (ex NN/2011) implemented by Romania for Timișoara International Airport — Wizz Air in so far as it concludes that the airport charges in the Aeronautical Information Publication of 2010 and the agreements concluded between Societăţii Naţionale ‘Aeroportul Internaţional Timişoara — Traian Vuia’ SA (AITTV) and Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) in 2008 (including the 2010 amendment agreements) do not constitute State aid; |
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1.

Annuls Article 2 of Commission Decision (EU) 2021/1428 of 24 February 2020 on the State Aid SA.31662 — C/2011 (ex NN/2011) implemented by Romania for Timișoara International Airport — Wizz Air in so far as it concludes that the airport charges in the Aeronautical Information Publication of 2010 and the agreements concluded between Societăţii Naţionale ‘Aeroportul Internaţional Timişoara — Traian Vuia’ SA (AITTV) and Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) in 2008 (including the 2010 amendment agreements) do not constitute State aid;

| 2. | Orders the European Commission to bear its own costs and to pay those incurred by Carpatair SA; |
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2.

Orders the European Commission to bear its own costs and to pay those incurred by Carpatair SA;

| 3. | Orders Wizz Air Hungary and AITTV to bear their own costs. |
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3.

Orders Wizz Air Hungary and AITTV to bear their own costs.

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(1)  OJ C 378, 9.11.2020.

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