Case T-499/08: Action brought on 14 November 2008 — Ryanair/Commission
Date: 2008-11-14
Institutions: Court of First Instance
Subjects: European Commission, State aid, access to EU information, action for annulment (EU), air transport, provision of documents

7.2.2009

EN

Official Journal of the European Union

C 32/43

The pleas in law and main arguments relied on by the applicant
are similar to those relied on in Case T-494/08 Ryanair v
Commission.

(1) Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents, OJ 2001 L 145,
p. 43.

Action brought on 14 November 2008 — Ryanair/
Commission

(Case T-499/08)

(2009/C 32/83)

Language of the case: English

Parties

Applicant: Ryanair Ltd (Dublin,
Vahida, I. Metaxas-Maragkidis, lawyers)

Ireland)

(represented by: E.

Defendant: Commission of the European Communities

Form of order sought

— declare in accordance with Articles 230 and 231 EC that the
Commission's implied decision refusing access to the docu-
ments for which access was requested by the applicant in an
the
application dated 25 June 2008 is void and that
Commission's decision of 23 October 2008 refusing access
to the same documents is non-existent;

— alternatively, declare

in accordance with Articles 230
and 231 EC that the Commission's decision of 23 October
2008 refusing access to the documents for which access was
requested by the applicant in an application dated 25 June
2008 is void;

— order the Commission to pay the costs incurred by the

applicant in the proceedings; and

— take such further action as the Court may deem appropriate.

Pleas in law and main arguments

By means of this application the applicant seeks annulment of
the Commission implied decision rejecting the applicant's
request, pursuant to Regulation No 1049/2001 (1), of the access
to documents relating to State aid procedures concerning the

presumed State aid granted through an agreement with the
operator of Pau airport. The said decision was followed by the
express decision of 23 October 2008. The annulment of the
express decision is alternatively sought by the applicant in the
present case.

The pleas in law and main arguments relied on by the applicant
are identical to those relied on in Case T-494/08 Ryanair v
Commission.

(1) Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents, OJ 2001 L 145,
p. 43.

Action brought on 14 November 2008 — Ryanair/
Commission

(Case T-500/08)

(2009/C 32/84)

Language of the case: English

Parties

Applicant: Ryanair Ltd (Dublin,
Vahida, I. Metaxas-Maragkidis, lawyers)

Ireland)

(represented by: E.

Defendant: Commission of the European Communities

Form of order sought

— declare in accordance with Articles 230 and 231 EC that the
Commission's implied decision refusing access to the docu-
ments for which access was requested by the applicant in an
application dated 25 June 2008 is void and that
the
Commission's decision of 31 October 2008 refusing access
to the same documents is non-existent;

— alternatively, declare

in accordance with Articles 230
and 231 EC that the Commission's decision of 31 October
2008 refusing access to the documents for which access was
requested by the applicant in an application dated 25 June
2008 is void;

— order the Commission to pay the costs incurred by the

applicant in the proceedings; and

— take such further action as the Court may deem appropriate.