# C_2021263EN.01002202.xml

| 5.7.2021 | EN | Official Journal of the European Union | C 263/22 |
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5.7.2021

EN

Official Journal of the European Union

C 263/22

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Judgment of the General Court of 19 May 2021 — Ryanair v Commission (KLM; Covid-19)

(Case T-643/20) (1)

(State aid - Netherlands - State guarantee for loans and subordinated loan by the State to KLM amid the COVID-19 pandemic - Temporary Framework for State aid measures - Decision not to raise any objections - Decision declaring the aid compatible with the internal market - Aid granted previously to another company in the same group of companies - Duty to state reasons - Maintenance of the effects of the decision)

(2021/C 263/30)

Language of the case: English

Parties

Applicant: Ryanair DAC (Swords, Ireland) (represented by: F.C. Laprévote, V. Blanc, E. Vahida, S. Rating and I.G. Metaxas-Maranghidis, lawyers)

Defendant: European Commission (represented by: L. Flynn, S. Noë and C. Georgieva, acting as Agents)

Interveners in support of the defendant: French Republic (represented by: E. de Moustier and P. Dodeller, acting as Agents), Kingdom of the Netherlands (represented by: J. Langer, acting as Agent, and by I. Rooms, lawyer), Koninklijke Luchtvaart Maatschappij NV (Amstelveen, Netherlands) (represented by: K. Schillemans, H. Vanderveen and P. Huizing, lawyers)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2020) 4871 final of 13 July 2020 on State Aid SA.57116 (2020/N) — The Netherlands — COVID-19: State loan guarantee and State loan for KLM.

Operative part of the judgment

The Court:

| 1. | Annuls Commission Decision C(2020) 4871 final of 13 July 2020 on State aid SA.57116 (2020/N) — The Netherlands — COVID-19: State loan guarantee and State loan for KLM; |
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1.

Annuls Commission Decision C(2020) 4871 final of 13 July 2020 on State aid SA.57116 (2020/N) — The Netherlands — COVID-19: State loan guarantee and State loan for KLM;

| 2. | Orders the effects of the annulment of that decision to be suspended pending the adoption of a new decision by the European Commission under Article 108 TFEU; those effects are to be suspended for a period not exceeding two months from the date of delivery of this judgment if the Commission decides to adopt such a new decision under Article 108(3) TFEU, and for a reasonable further period if the Commission decides to initiate the procedure under Article 108(2) TFEU; |
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2.

Orders the effects of the annulment of that decision to be suspended pending the adoption of a new decision by the European Commission under Article 108 TFEU; those effects are to be suspended for a period not exceeding two months from the date of delivery of this judgment if the Commission decides to adopt such a new decision under Article 108(3) TFEU, and for a reasonable further period if the Commission decides to initiate the procedure under Article 108(2) TFEU;

| 3. | Orders the Commission to bear its own costs and to pay those incurred by Ryanair DAC; |
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3.

Orders the Commission to bear its own costs and to pay those incurred by Ryanair DAC;

| 4. | Orders the Kingdom of the Netherlands, the French Republic and Koninklijke Luchtvaart Maatschappij NV to bear their own respective costs. |
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4.

Orders the Kingdom of the Netherlands, the French Republic and Koninklijke Luchtvaart Maatschappij NV to bear their own respective costs.

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(1)  OJ C 423, 7.12.2020.

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