7.3.2022
EN
Official Journal of the European Union
C 109/31
Trade mark at issue: Application for EU figurative mark th pharma — Application for registration No 17 916 522 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the First Board of Appeal of EUIPO of 9 November 2021 in Case R 1605/2020-1
Form of order sought The applicant claims that the Court should: — annul the contested decision; — order EUIPO to pay the costs.
Plea in law Infringement of Article 8(1)(b) and Article 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Action brought on 14 January 2022 — Ryanair v Commission (Case T-28/22) (2022/C 109/41) Language of the case: English Parties Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, S. Rating and G.-I. Metaxas-Maranghidis, lawyers) Defendant: European Commission
Form of order sought The applicant claims that the Court should: — annul the defendant’s decision of 26 July 2021 on State aid SA.63203 (2021/N) — Germany — Restructuring aid for Condor; and — order the defendant to pay the costs.
Pleas in law and main arguments In support of the action, the applicant relies on ten pleas in law. 1.
First plea in law, alleging that the defendant committed an error of law and that the contested State aid falls outside the material scope of the Rescue and Restructuring Guidelines (1), because Condor Flugdienst GmbH (‘Condor’) is being taken over by a larger business group and its difficulties are not intrinsic and result of an arbitrary allocation of costs. 2.
Second plea in law, alleging that the defendant failed to demonstrate a market failure and social hardship. 3.
Third plea in law, alleging that the defendant failed to provide a comparison with a credible alternative scenario not involving a State aid and does not establish that ‘Condor’ has exhausted all market options. 4.
Fourth plea in law, alleging that the contested decision does not establish that the restructuring plan is realistic, coherent and far-reaching and is suitable to restore ‘Condor’s’ long-term viability without relying on further State aid within a reasonable period of time.