Information;Judgment — ECLI:EU:T:2023:247
Date: 2023-05-10
Language of the case: English
Subject matter: State aids;Competition
Procedure: Action for annulment - successful
Origin: Ireland

Judgment of the General Court of 10 May 2023 – Ryanair v Commission (SAS II; COVID-19) (Case T-238/21) 1 (State aid – Danish and Swedish air transport markets – Aid granted by Denmark and Sweden to an airline in the context of the COVID-19 pandemic – Recapitalisation of SAS – Decision not to raise any objections – Actions for annulment – Individual concern – Substantial effect on the competitive position – Admissibility – Temporary Framework for State aid measures – Aid to remedy a serious disturbance in the economy of a Member State – Compliance with the requirements of the Temporary Framework) Language of the case: English Parties Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F.-C. Laprévote, V. Blanc, S. Rating and I.-G. Metaxas-Maranghidis, lawyers) Defendant: European Commission (represented by: L. Flynn, J. Carpi Badía and A. Bouchagiar, acting as Agents) Interveners in support of the defendant: Kingdom of Denmark (represented by: M. Søndahl Wolff, C. Maertens and C. Grønbech-Jensen, acting as Agents, and by R. Holdgaard, lawyer), Kingdom of Sweden (represented by: C. Meyer-Seitz, H. Shev, A. Runeskjöld, M. Salborn Hodgson, R. Shahsavan Eriksson, H. Eklinder and O. Simonsson, acting as Agents), SAS AB (Stockholm, Sweden) (represented by: F. Sjövall and A. Lundmark, lawyers) Re: By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2020) 5750 final of 17 August 2020 on State Aid SA.57543 (2020/N) – Denmark and SA.58342 (2020/N) – Sweden – COVID-19 recapitalisation of SAS AB. Operative part of the judgment The Court: Annuls Commission Decision C(2020) 5750 final of 17 August 2020 on State Aid SA.57543 (2020/N) – Denmark and SA.58342 (2020/N) – Sweden – COVID-19 recapitalisation of SAS AB; Orders the European Commission to bear its own costs and to pay those incurred by Ryanair DAC, with the exception of those related to the interventions; Orders the Kingdom of Denmark, the Kingdom of Sweden and SAS to bear their own costs and to pay those incurred by Ryanair as a result of their respective interventions. ____________ 1 OJ C 242, 21.6.2021.