Case T-643/20: Judgment of the General Court of 19 May 2021 — Ryanair v Commission (KLM; Covid-19) (State aid — Netherlands — State guarantee for loans and subordinated loan by the State to KLM amid the COVID-19 pandemic — Temporary Framework for State aid measures — Decision not to raise any objections — Decision declaring the aid compatible with the internal market — Aid granted previously to another company in the same group of companies — Duty to state reasons — Maintenance of the effects of the decision)
Date: 2021-05-19
Institutions: General Court
Subjects: Netherlands, State aid, aid to undertakings, air transport, control of State aid, coronavirus disease, credit, credit guarantee, epidemic








C_2021263EN.01002202.xml










5.7.2021   


EN


Official Journal of the European Union


C 263/22






Judgment of the General Court of 19 May 2021 — Ryanair v Commission (KLM; Covid-19)
(Case T-643/20) (1)

(State aid - Netherlands - State guarantee for loans and subordinated loan by the State to KLM amid the COVID-19 pandemic - Temporary Framework for State aid measures - Decision not to raise any objections - Decision declaring the aid compatible with the internal market - Aid granted previously to another company in the same group of companies - Duty to state reasons - Maintenance of the effects of the decision)
(2021/C 263/30)
Language of the case: English

Parties


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

Defendant: European Commission (represented by: L. Flynn, S. Noë and C. Georgieva, acting as Agents)

Interveners in support of the defendant: French Republic (represented by: E. de Moustier and P. Dodeller, acting as Agents), Kingdom of the Netherlands (represented by: J. Langer, acting as Agent, and by I. Rooms, lawyer), Koninklijke Luchtvaart Maatschappij NV (Amstelveen, Netherlands) (represented by: K. Schillemans, H. Vanderveen and P. Huizing, lawyers)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2020) 4871 final of 13 July 2020 on State Aid SA.57116 (2020/N) — The Netherlands — COVID-19: State loan guarantee and State loan for KLM.

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2020) 4871 final of 13 July 2020 on State aid SA.57116 (2020/N) — The Netherlands — COVID-19: State loan guarantee and State loan for KLM;










2.


Orders the effects of the annulment of that decision to be suspended pending the adoption of a new decision by the European Commission under Article 108 TFEU; those effects are to be suspended for a period not exceeding two months from the date of delivery of this judgment if the Commission decides to adopt such a new decision under Article 108(3) TFEU, and for a reasonable further period if the Commission decides to initiate the procedure under Article 108(2) TFEU;










3.


Orders the Commission to bear its own costs and to pay those incurred by Ryanair DAC;










4.


Orders the Kingdom of the Netherlands, the French Republic and Koninklijke Luchtvaart Maatschappij NV to bear their own respective costs.






(1)  OJ C 423, 7.12.2020.