CELEX: 62020TA0465
Language: en
Date: 2021-05-19 00:00:00
Title: Case T-465/20: Judgment of the General Court of 19 May 2021 — Ryanair v Commission (TAP; Covid-19) (State aid — Portuguese air transport market — Aid provided by Portugal to TAP owing to the COVID-19 pandemic — State loan — Decision not to raise any objections — Point 22 of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty — Company belonging to a group — Intrinsic difficulties not resulting from an arbitrary allocation of costs within the group — Difficulties which are too serious to be dealt with by the group itself — Duty to state reasons — Maintenance of the effects of the decision)

5.7.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 263/20
            
         
      Judgment of the General Court of 19 May 2021 — Ryanair v Commission (TAP; Covid-19)
      (Case T-465/20) (1)
      
      (State aid - Portuguese air transport market - Aid provided by Portugal to TAP owing to the COVID-19 pandemic - State loan - Decision not to raise any objections - Point 22 of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty - Company belonging to a group - Intrinsic difficulties not resulting from an arbitrary allocation of costs within the group - Difficulties which are too serious to be dealt with by the group itself - Duty to state reasons - Maintenance of the effects of the decision)
      (2021/C 263/27)
      Language of the case: English
      
         Parties
      
      
         Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F.-C. Laprévote, S. Rating, I.-G. Metaxas-Maranghidis and V. Blanc, lawyers)
      
         Defendant: European Commission (represented by: L. Flynn, V. Bottka and S. Noë, acting as Agents)
      
         Interveners in support of the defendant: French Republic (represented by: P. Dodeller and E. de Moustier, acting as Agents), Republic of Poland (represented by: B. Majczyna, acting as Agent), Portuguese Republic (represented by: L. Inez Fernandes, P. Barros da Costa and S. Jaulino, acting as Agents, and by N. Mimoso Ruiz, lawyer)
      
         Re:
      
      Application under Article 263 TFEU for annulment of Commission Decision C(2020) 3989 final of 10 June 2020 on State aid SA.57369 (2020/N) COVID-19 — Portugal — Aid to TAP.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Annuls Commission Decision C(2020) 3989 final of 10 June 2020 on State aid SA.57369 (2020/N) — COVID-19 — Portugal — Aid to TAP;
               
            
                  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 French Republic, the Republic of Poland and the Portuguese Republic to bear their own respective costs.
               
            
         (1)  OJ C 287, 31.8.2020.