CELEX: 62020TA0628
Language: en
Date: 2021-05-19 00:00:00
Title: Case T-628/20: Judgment of the General Court of 19 May 2021 — Ryanair v Commission (Spain; Covid-19) (State aid — Spain — Recapitalisation measures to support undertakings that are systemic and strategic for the Spanish economy in response to the COVID-19 pandemic — Decision not to raise any objections — Temporary Framework for State aid — Measure aimed at remedying a serious disturbance in the economy of a Member State — Measure aimed at the whole of the economy of a Member State — Principle of non-discrimination — Freedom to provide services and freedom of establishment — Proportionality — Criterion requiring that the beneficiaries of the aid are established in Spain — Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition — Article 107(3)(b) TFEU — Concept of ‘aid scheme’ — Obligation to state reasons)

5.7.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 263/22
            
         
      Judgment of the General Court of 19 May 2021 — Ryanair v Commission (Spain; Covid-19)
      (Case T-628/20) (1)
      
      (State aid - Spain - Recapitalisation measures to support undertakings that are systemic and strategic for the Spanish economy in response to the COVID-19 pandemic - Decision not to raise any objections - Temporary Framework for State aid - Measure aimed at remedying a serious disturbance in the economy of a Member State - Measure aimed at the whole of the economy of a Member State - Principle of non-discrimination - Freedom to provide services and freedom of establishment - Proportionality - Criterion requiring that the beneficiaries of the aid are established in Spain - Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition - Article 107(3)(b) TFEU - Concept of ‘aid scheme’ - Obligation to state reasons)
      (2021/C 263/29)
      Language of the case: English
      
         Parties
      
      
         Applicant: Ryanair DAC (Swords, Ireland) (represented by: F.C. Laprévote, E. Vahida, V. Blanc, I.G. Metaxas Maranghidis and S. Rating, lawyers)
      
         Defendant: European Commission (represented by: L. Flynn, S. Noë and F. Tomat, acting as Agents)
      
         Interveners in support of the defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz and S. Centeno Huerta, acting as Agents), French Republic (represented by: P. Dodeller and T. Stehelin, acting as Agents)
      
         Re:
      
      Application under Article 263 TFEU for annulment of Commission Decision C(2020) 5414 final of 31 July 2020 on State Aid SA.57659 (2020/N) — Spain — COVID-19 — Recapitalisation fund.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders Ryanair DAC to bear its own costs and to pay those incurred by the European Commission;
               
            
                  3.
               
               
                  Orders the Kingdom of Spain and the French Republic to bear their own costs.
               
            
         (1)  OJ C 414, 30.11.2020.