Judgment — ECLI:EU:T:2018:947
Date: 2018-12-13
Language of the case: English
Court formation: Sixth Chamber, Extended Composition
Subject matter: State aids;Competition
Procedure: Action for annulment - successful
Origin: Ireland

Judgment of the General Court (Sixth Chamber, Extended Composition) of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (Case T‑77/16) (State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Advantage — Private investor test — Recovery — Selectivity) 1. State aid — Concept — Selective nature of the measure — Discounts granted to all airlines using an airport — Not selective in character (Art. 107(1) TFEU) (see paras 31, 39, 42-45) 2. State aid — Concept — Assessment according to the private investor test — Complex evaluation of economic matters — Discretion of the Commission — Judicial review — Limits (Art. 107(1) TFEU) (see para. 51) 3. State aid — Concept — Assessment according to the private investor test — Assessment of all factors relevant to the transaction at issue and its context — Burden of proof on the Commission — Scope (Art. 107(1) TFEU) (see paras 50, 52-66) 4. Judicial proceedings — Introduction of new pleas during the proceedings — Conditions — Amplification of an existing plea — Admissibility (Rules of Procedure of the General Court, Arts 177(1)(d) and 84(1)) (see para. 57) Re: Action under Article 263 TFEU for partial annulment of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport (OJ 2016 L 34, p. 68). Operative part The Court: 1. Annuls Article 1(2) of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport, and Articles 3, 4 and 5 of that decision, in so far as they concern Ryanair DAC and Airport Marketing Services Ltd; 2. Orders the European Commission to bear its own costs and to pay the costs incurred by Ryanair and Airport Marketing Services; 3. Orders the Council of the European Union to pay its own costs; 4. Orders the Republic of Latvia to bear its own costs.