# C_2021263EN.01002002.xml

| 5.7.2021 | EN | Official Journal of the European Union | C 263/20 |
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5.7.2021

EN

Official Journal of the European Union

C 263/20

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

(Case T-465/20) (1)

(State aid - Portuguese air transport market - Aid provided by Portugal to TAP owing to the COVID-19 pandemic - State loan - Decision not to raise any objections - Point 22 of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty - Company belonging to a group - Intrinsic difficulties not resulting from an arbitrary allocation of costs within the group - Difficulties which are too serious to be dealt with by the group itself - Duty to state reasons - Maintenance of the effects of the decision)

(2021/C 263/27)

Language of the case: English

Parties

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

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

Interveners in support of the defendant: French Republic (represented by: P. Dodeller and E. de Moustier, acting as Agents), Republic of Poland (represented by: B. Majczyna, acting as Agent), Portuguese Republic (represented by: L. Inez Fernandes, P. Barros da Costa and S. Jaulino, acting as Agents, and by N. Mimoso Ruiz, lawyer)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2020) 3989 final of 10 June 2020 on State aid SA.57369 (2020/N) COVID-19 — Portugal — Aid to TAP.

Operative part of the judgment

The Court:

| 1. | Annuls Commission Decision C(2020) 3989 final of 10 June 2020 on State aid SA.57369 (2020/N) — COVID-19 — Portugal — Aid to TAP; |
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1.

Annuls Commission Decision C(2020) 3989 final of 10 June 2020 on State aid SA.57369 (2020/N) — COVID-19 — Portugal — Aid to TAP;

| 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 French Republic, the Republic of Poland and the Portuguese Republic to bear their own respective costs. |
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4.

Orders the French Republic, the Republic of Poland and the Portuguese Republic to bear their own respective costs.

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(1)  OJ C 287, 31.8.2020.

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