do-me/EUR-LEX huggingface dataset:
Case T-260/20: Action brought on 1 May 2020 — Da Silva Carreira v Commission
Date: 2020-05-01
Institutions: General Court
Subjects: European official, legality, pension scheme, retirement conditions, staff regulations (EU)








C_2020215EN.01006001.xml










29.6.2020   


EN


Official Journal of the European Union


C 215/60






Action brought on 1 May 2020 — Da Silva Carreira v Commission
(Case T-260/20)
(2020/C 215/69)
Language of the case: French

Parties


Applicant: José Da Silva Carreira (Olhos de Água, Portugal) (represented by: S. Orlandi and T. Martin, avocats)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul the decision of 26 July 2019 by which the Commission refused to reassess, for the future, the applicant’s retirement pension;










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant puts forward a single plea, alleging breach of Articles 21 and 22 of Annex XIII to the Staff Regulations of Officials of the European Union (‘the Staff Regulations’). He claims, inter alia, that the Commission’s refusal to reassess, for the future, his retirement pension is contrary to Article 41 of Annex VIII to the Staff Regulations and to the principle of legality.
Case T-238/20: Action brought on 1 May 2020 — Ryanair v Commission
Date: 2020-05-01
Institutions: General Court
Subjects: State aid, Sweden, control of State aid, discrimination on the basis of nationality, emergency aid, epidemic, freedom to provide services, infectious disease, low cost airline








C_2020209EN.01003601.xml










22.6.2020   


EN


Official Journal of the European Union


C 209/36






Action brought on 1 May 2020 — Ryanair v Commission
(Case T-238/20)
(2020/C 209/47)
Language of the case: English

Parties


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

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the European Commission’s decision (EU) of 11 April 2020 on State aid SA.56812; (1) and










—


order the Commission to pay the costs.










—


The applicant has also requested that its action be determined under the expedited procedure as referred to in Article 23a of the Statute of the Court of Justice.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that the Commission’s decision violates specific provisions of the TFEU and the general principles of European law regarding the prohibition of discrimination based on nationality and free movement of services that have underpinned the liberalisation of air transport in the EU since the late 1980s. The liberalisation of the air transport market in the EU has allowed the growth of truly pan-European low-fares airlines. The decision of the Commission ignores the role of such pan-European airlines in the connectivity of EU Member States by allowing Sweden to reserve aid only to those EU airlines to which Sweden has issued EU operating licenses. Article 107(3)(b) TFEU provides for an exception to the prohibition of State aid under Article 107(1) TFEU, but it does not provide for an exception to the other rules and principles of the TFEU.










2.


Second plea in law, alleging that the Commission’s decision violates the Commission’s obligation to weigh the beneficial effects of aid against its adverse effects on trading conditions and the maintenance of undistorted competition (i.e., the ‘balancing test’).










3.


Third plea in law, alleging that the Commission failed to initiate a formal investigation procedure despite serious difficulties and violated the applicant’s procedural rights.










4.


Fourth plea in law, alleging that the decision violates the Commission’s duty to state reasons.






(1)  European Commission’s decision (EU) of 11 April 2020 on State aid SA.56812 Sweden — Loan guarantee scheme to airlines under the temporary framework for State aid measures to support the economy in the current COVID-19 outbreak (not yet published in the OJ).