CELEX: 62016TA0165
Language: en
Date: 2018-12-13 00:00:00
Title: Case T-165/16: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Notion of State aid — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights of the European Union — Access to the file — Right to be heard)

4.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/41
            
         
      Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission
      (Case T-165/16) (1)
      
      ((State aid - Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services - Airport services - Marketing services - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Notion of State aid - Advantage - Private investor test - Recovery - Article 41 of the Charter of Fundamental Rights of the European Union - Access to the file - Right to be heard))
      (2019/C 82/46)
      Language of the case: English
      
         Parties
      
      
         Applicants: Ryanair DAC, formerly Ryanair Ltd (Dublin, Ireland), Airport Marketing Services Ltd (Dublin) (represented by: G. Berrisch, E. Vahida, I.-G. Metaxas-Maranghidis, lawyers, and B. Byrne, Solicitor)
      
         Defendant: European Commission (represented by: L. Flynn, L. Armati, and S. Noë, acting as Agents)
      
         Intervener in support of the defendant: Council of the European Union (represented by: S. Boelaert and S. Petrova, acting as Agents)
      
         Re:
      
      Action under Article 263 TFEU for the partial annulment of Commission Decision (EU) 2016/287 of 15 October 2014 on State aid SA.26500 — 2012/C (ex 2011/NN, ex CP 227/2008) implemented by Germany for Flugplatz Altenburg-Nobitz GmbH and Ryanair Ltd (OJ 2016 L 59, p. 22).
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders Ryanair DAC and Airport Marketing Services Ltd to bear their own costs and to pay those incurred by the European Commission;
               
            
                  3.
               
               
                  Orders the Council of the European Union to bear its own costs.
               
            
         (1)  OJ C 222, 20.6.2016.