CELEX: 62016TA0077
Language: en
Date: 2018-12-13 00:00:00
Title: Case T-77/16: 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 incompatible with the internal market and ordering its recovery — Notion of State aid — Advantage — Private investor test — Recovery — Selectivity)

4.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/40
            
         
      Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission
      (Case T-77/16) (1)
      
      ((State aid - Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services - Airport services - Marketing services - Decision declaring the aid incompatible with the internal market and ordering its recovery - Notion of State aid - Advantage - Private investor test - Recovery - Selectivity))
      (2019/C 82/45)
      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: Commission (represented by: L. Armati, L. Flynn and S. Noë, acting as Agents)
      
         Interveners in support of the defendant: Republic of Latvia (represented initially by: D. Pelše, J. Treijs-Gigulis and I. Kalniņš, and subsequently by I. Kucina, acting as Agents) and Council of the European Union (represented by: S. Boelaert and S. Petrova, acting as Agents)
      
         Re:
      
      Action under Article 263 TFEU for partial annulment of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport (OJ 2016 L 34, p. 68).
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Annuls Article 1(2) of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport, and Articles 3, 4 and 5 of that decision, in so far as they concern Ryanair DAC and Airport Marketing Services Ltd;
               
            
                  2.
               
               
                  Orders the European Commission to bear its own costs and to pay the costs incurred by Ryanair and Airport Marketing Services;
               
            
                  3.
               
               
                  Orders the Council of the European Union to pay its own costs;
               
            
                  4.
               
               
                  Orders the Republic of Latvia to bear its own costs.
               
            
         (1)  OJ C 165, 10.5.2016.