Official Journal of the European Union

EN

C series

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C/2025/3416

30.6.2025

(Case T-250/25)

(C/2025/3416)

Language of the case: English

Parties

Applicants: Ryanair DAC (Swords, Ireland), Malta Air ltd. (Pietà, Malta) (represented by: E. Vahida, F.-C. Laprévote, D. Pérez de Lamo, S. Rating and C. Cozzani, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—annul the European Commission Decision (EU) of 10 July 2024 on State Aid SA.57082 (2020/NN) (ex 2020/N) – France COVID-19: State loan guarantee and State loan for Air France and State Aid SA.57116 (2020/NN) (ex 2020/N) – The Netherlands COVID-19: State loan guarantee and State loan for KLM (1); and,

—order the European Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicants rely on five pleas in law.

1.First plea in law, alleging that by disregarding the hybrid capital nature of the French shareholder loan, the Commission erred in law and manifestly erred in its assessment of the compatibility of that measure.

2.Second plea in law, alleging that the Commission failed to properly assess the compatibility of the French and Dutch measures with the general principles of necessity and proportionality, because it failed to review whether AFKLM Group would have been able to find a non- negligible amount of financing on the capital markets

3.Third plea in law, alleging that the Commission manifestly failed in its assessment of the French measure’s contribution to remedying a serious disturbance in the French economy.

4.Fourth plea in law, alleging that the European Commission should have initiated the formal investigation procedure.

5.Fifth plea in law, alleging that the European Commission violated its duty to state reasons.

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(1) OJ C/2025/443 and C/2025/442 of 20 January 2025.

ELI: http://data.europa.eu/eli/C/2025/3416/oj

ISSN 1977-091X (electronic edition)

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