CELEX: 62021TN0142
Language: en
Date: 2021-03-07 00:00:00
Title: Case T-142/21: Action brought on 7 March 2021 — WIZZ Air Hungary v Commission

26.4.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 148/28
            
         
      Action brought on 7 March 2021 — WIZZ Air Hungary v Commission
      (Case T-142/21)
      (2021/C 148/38)
      Language of the case: English
      
         Parties
      
      
         Applicant: WIZZ Air Hungary Légiközlekedési Zrt. (Budapest, Hungary) (represented by: E. Vahida, S. Rating, and I. Metaxas-Maranghidis, lawyers)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  annul the defendant’s decision (EU) of 20 August 2020 in State aid Case SA.57026 (2020/N) — Romania COVID-19: Aid to Blue Air (1); and
               
            
                  —
               
               
                  order the defendant to pay the costs.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on six pleas in law.
      
                  1.
               
               
                  First plea in law, alleging that the defendant misapplied Article 107(2)(b) TFEU and committed a manifest error of assessment in its review of the proportionality of the aid to the damage caused by the COVID-19 crisis.
               
            
                  2.
               
               
                  Second plea in law, alleging that the defendant’s review of the eligibility and compatibility conditions for the rescue aid is flawed.
               
            
                  3.
               
               
                  Third plea in law, alleging that the defendant violated specific provisions of the TFEU and the general principles of European law regarding the prohibition of discrimination, free provision of services and free establishment that have underpinned the liberalisation of air transport in the EU since the late 1980s (2).
               
            
                  4.
               
               
                  Fourth plea in law, alleging that the defendant relied on inexistent or inadequate evidence.
               
            
                  5.
               
               
                  Fifth plea in law, alleging that the defendant failed to initiate a formal investigation procedure despite serious difficulties and violated the applicant’s procedural rights.
               
            
                  6.
               
               
                  Sixth plea in law, alleging that the defendant violated its duty to state reasons.
               
            
         (1)  OJ 2020 C 430, p. 2
      
      
         (2)  Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (Text with EEA relevance) (OJ 2008 L 293, p. 3–20)