Case C-591/21 P: Appeal brought on 23 September 2021 by Ryanair DAC, Laudamotion GmbH against the judgment of the General Court (Tenth Chamber, Extended Composition) delivered on 14 July 2021 in Case T-677/20, Ryanair and Laudamotion v Commission (Austrian Airlines; Covid-19)
Date: 2021-09-23
Institutions: Court of Justice
Subjects: Austria, State aid, aid to undertakings, airline, control of State aid, coronavirus disease, epidemic, equal treatment, freedom to provide services, principle of proportionality, right of establishment








C_2021462EN.01003201.xml










15.11.2021   


EN


Official Journal of the European Union


C 462/32






Appeal brought on 23 September 2021 by Ryanair DAC, Laudamotion GmbH against the judgment of the General Court (Tenth Chamber, Extended Composition) delivered on 14 July 2021 in Case T-677/20, Ryanair and Laudamotion v Commission (Austrian Airlines; Covid-19)
(Case C-591/21 P)
(2021/C 462/37)
Language of the case: English

Parties


Appellants: Ryanair DAC, Laudamotion GmbH (represented by: V. Blanc, E. Vahida and F.-C. Laprévote, avocats, D. Pérez de Lamo and S. Rating, abogados, I.-G. Metaxas-Maranghidis, dikigoros)

Other parties to the proceedings: European Commission, Federal Republic of Germany, Republic of Austria, Austrian Airlines AG

Form of order sought

The appellants claim that the Court should:






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set aside the judgment under appeal;










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declare in accordance with Articles 263 and 264 TFEU the Commission Decision C(2020) 4684 final of 6 July 2020 on State aid SA.57539 (2020/N) — Austria — COVID-19 — Aid to Austrian Airlines void;










—


order the Commission to bear its own costs and pay those incurrent by Ryanair, and order the interveners at first instance and in this appeal (if any) to bear their own costs.




Alternatively:






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set aside the judgment under appeal;










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refer the case back to the General Court for reconsideration;










—


reserve the costs of the proceedings at first instance and on appeal.





Pleas in law and main arguments

In support of the action, the appellants rely on seven pleas in law.
First plea in law: the General Court erred in law and manifestly distorted the facts in rejecting the appellants’ claim that the Commission failed to review a possible ‘spill-over’ of aid to or from Lufthansa.
Second plea in law: the General Court erred in law in rejecting the appellants’ claim that the Commission breached the requirement that aid granted under Article 107(2)(b) TFEU is not to make good the damage suffered by a single victim.
Third plea in law: the General Court erred in law in rejecting the appellants’ claim that the non-discrimination principle has been unjustifiably violated.
Fourth plea in law: the General Court erred in law and manifestly distorted the facts in rejecting the appellants’ claim on the infringement of the freedom of establishment and the free provision of services.
Fifth plea in law: the General Court erred in law and manifestly distorted the facts in the application of Article 107(2)(B) TFEU and the proportionality principle in relation to damage caused to Austrian Airlines by the COVID-19 pandemic.
Sixth plea in law: the General Court erred in law and manifestly distorted the facts regarding the failure to open a formal investigation procedure.
Seventh plea in law: the General Court erred in law and manifestly distorted the facts regarding the Commission’s failure to state reasons.