CELEX: 62009TA0123
Language: en
Date: 2012-03-28 00:00:00
Title: Case T-123/09: Judgment of the General Court of 28 March 2012 — Ryanair v European Commission (State aid — Loan granted to an airline company and capable of being counted as own capital — Decision declaring the aid incompatible with the common market — Sale of assets of an airline company — Decision finding no aid at the conclusion of the preliminary examination phase — Actions for annulment — Locus standi — Interested party — Admissibility — Serious difficulties — Jurisdiction — Duty to state reasons)

12.5.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 138/15
            
         Judgment of the General Court of 28 March 2012 — Ryanair v European Commission
   (Case T-123/09) (1)
   
   (State aid - Loan granted to an airline company and capable of being counted as own capital - Decision declaring the aid incompatible with the common market - Sale of assets of an airline company - Decision finding no aid at the conclusion of the preliminary examination phase - Actions for annulment - Locus standi - Interested party - Admissibility - Serious difficulties - Jurisdiction - Duty to state reasons)
   2012/C 138/26
   Language of the case: English
   
      Parties
   
   
      Applicant: Ryanair Ltd (Dublin, Ireland) (represented by: E. Vahida and I.-G. Metaxas-Maragkidis, lawyers)
   
      Defendant: European Commission (represented by: L. Flynn, D. Grespan and E. Righini, Agents)
   
      Interveners in support of the defendant: Italian Republic, (represented by: G. Palmieri and P. Gentili, lawyers); and Alitalia — Compagnia Aerea Italiana SpA (Fiumicino, Italy) (represented by: G.M. Roberti, G. Bellitti and I. Perego, lawyers)
   
      Re:
   
   Partial annulment of Commission Decision 2009/155/EC of 12 November 2008, concerning the loan of EUR 300 million granted by Italy to the airline company Alitalia (C 26/08 (ex NN 31/08)) (OJ 2009 L 52, p. 3), and the annulment of Commission Decision C(2008) 6745 final of 12 November 2008, concerning State Aid (N 510/2008, OJ 2009 C 46, p. 6) — Italy — Sale of the assets of Alitalia.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Ryanair Ltd to pay its own costs and those incurred by the European Commission and Alitalia — Compagnia Aerea Italiana SpA;
            
         
               3.
            
            
               Orders the Italian Republic to bear its own costs.
            
         
      (1)  OJ C 141, 20.6.2009.