Information;Judgment — ECLI:EU:C:2024:477
Date: 2024-06-06
Language of the case: English
Court formation: Fourth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Ireland

Judgment of the Court (Fourth Chamber) of 6 June 2024 – Ryanair v Commission (Case C‑441/21 P) (1) ( Appeal – State aid – Article 107(3)(b) TFEU – Aid scheme notified by the Kingdom of Spain – Recapitalisation fund to support strategic undertakings amid the COVID-19 pandemic – Temporary Framework for State aid measures – Decision by the European Commission not to raise objections – Aid to remedy a serious disturbance in the economy – Principles of proportionality and non-discrimination – Freedom of establishment and freedom to provide services ) 1. Aid granted by a Member State – Prohibition – Derogations – Aid capable of being regarded as compatible with the internal market – Aid to remedy serious disturbance in the economy of a Member State – Aid scheme establishing a solvency support fund for undertakings that are strategic for the Spanish economy in response to the COVID-19 pandemic – Financing granted only to non-financial undertakings established in Spain – Aid compatible with the internal market under Article 107(3)(b) TFEU – No infringement of the principle of non-discrimination on the ground of nationality (Art. 107(3)(b) TFEU) (see paragraphs 36-39) 2. Aid granted by a Member State – Prohibition – Derogations – Aid capable of being regarded as compatible with the internal market – Aid to remedy serious disturbance in the economy of a Member State – Aid scheme establishing a solvency support fund for undertakings that are strategic for the Spanish economy in response to the COVID-19 pandemic – Financing granted only to non-financial undertakings established in Spain – Aid compatible with the internal market under Article 107(2)(b) TFEU – Assessment of the aid having regard to the freedom to provide services and freedom of establishment – Conditions (Arts 49, 56 and 107(2)(b) TFEU) (see paragraphs 78-84) 3. Aid granted by a Member State – Prohibition – Derogations – Aid capable of being regarded as compatible with the internal market – Assessment in the light of Article 107(3)(b) TFEU – Criteria – Weighing the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Not a necessary criterion (Art. 107(3)(b) TFEU) (see paragraphs 92-95) 4. Aid granted by a Member State – Prohibition – Derogations – Aid capable of being regarded as compatible with the internal market – Aid to remedy serious disturbance in the economy of a Member State – Aid scheme establishing a solvency support fund for undertakings that are strategic for the Spanish economy in response to the COVID-19 pandemic – Financing granted only to non-financial undertakings established in Spain – Commission decision finding the aid to be compatible with the internal market without initiating the formal investigation procedure – Infringement of the procedural rights of the interested parties – Conditions – Interested parties having to demonstrate the existence of doubts as to the compatibility of the aid with the internal market (Art. 107(3)(b) TFEU) (see paragraphs 123-130) 5. Aid granted by a Member State – Commission decision not to raise objections to an aid scheme or an aid measure – Obligation to state reasons – Scope (Arts 107(3)(b) and 296 TFEU) (see paragraphs 136, 137) Operative part The Court: 1. Dismisses the appeal; 2. Orders Ryanair DAC to bear its own costs and to pay those incurred by the European Commission; 3. Orders the Kingdom of Spain to bear its own costs. 1 OJ C 382, 20.9.2021.