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Case T-444/21: Action brought on 23 July 2021 — Ryanair v Commission
ECLI:EU:UNKNOWN:62021TN0444
62021TN0444
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6.9.2021
EN
Official Journal of the European Union
C 357/34
(Case T-444/21)
(2021/C 357/51)
Language of the case: English
Parties
Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F.-C. Laprévote, V. Blanc, S. Rating and I.-G. Metaxas-Maranghidis, lawyers)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
—annul the defendant’s decision of 12 March 2021 on State Aid SA.60113 — Finnair — COVID-19 — hybrid loan 107.2.b; (1) and
—order the defendant to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on four plea(s) in law.
1.First plea in law, alleging that the defendant misapplied Article 107(2)(b) TFEU and committed manifest errors of assessment in its review of the proportionality of the aid to the damage caused by the COVID-19 crisis.
2.Second plea in law, alleging that the defendant violated specific provisions of the TFEU and the general principles of European law that have underpinned the liberalisation of air transport in the EU since the late 1980s (i.e., non-discrimination, the free provision of services — applied to air transport through Regulation 1008/2008 (2) — and free establishment).
3.Third plea in law, alleging that the defendant failed to initiate a formal investigation procedure despite serious difficulties and violated the applicant’s procedural rights.
4.Fourth plea in law, alleging that the defendant violated its duty to state reasons pursuant to Article 296(2) TFEU.
* Language of the case: English.
(1) OJ 2021, C 240, p. 14.
(2) Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (Text with EEA relevance) (OJ 2008 L 293, p. 3–20).