CELEX: 62018TA0448
Language: en
Date: 2021-09-29 00:00:00
Title: Case T-448/18: Judgment of the General Court of 29 September 2021 — Ryanair and Others v Commission (State aid — Agreements concluded by Kärntner Flughafen Betriebsgesellschaft with Ryanair and its subsidiaries Airport Marketing Services and Leading Verge.com — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Concept of State aid — Whether imputable to the State — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard)

22.11.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 471/38
            
         
      Judgment of the General Court of 29 September 2021 — Ryanair and Others v Commission
      (Case T-448/18) (1)
      
      (State aid - Agreements concluded by Kärntner Flughafen Betriebsgesellschaft with Ryanair and its subsidiaries Airport Marketing Services and Leading Verge.com - Airport services - Marketing services - Decision declaring the aid incompatible with the internal market and ordering its recovery - Concept of State aid - Whether imputable to the State - Advantage - Private investor test - Recovery - Article 41 of the Charter of Fundamental Rights - Right of access to the file - Right to be heard)
      (2021/C 471/52)
      Language of the case: English
      
         Parties
      
      
         Applicants: Ryanair DAC (Swords, Ireland), Airport Marketing Services Ltd (Dublin, Ireland), FR Financing (Malta) Ltd (Douglas, Isle of Man) (represented by: E. Vahida and I.-G. Metaxas-Maranghidis, lawyers, and by B. Byrne, Solicitor)
      
         Defendant: European Commission (represented by: K. Blanck, A. Bouchagiar and S. Noë, acting as Agents)
      
         Re:
      
      Application under Article 263 TFEU seeking the partial annulment of Commission Decision (EU) 2018/628 of 11 November 2016 on State aid SA.24221(2011/C) (ex 2011/NN) implemented by Austria for the Klagenfurt airport, Ryanair and other airlines using the airport (OJ 2018 L 107, p. 1), in so far as it concerns the applicants.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders Ryanair DAC, Airport Marketing Services Ltd and FR Financing (Malta) Ltd to bear their own costs and to pay those incurred by the European Commission.
               
            
         (1)  OJ C 319, 10.9.2018.