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Case T-447/18: Judgment of the General Court of 29 September 2021 — TUIfly v Commission (State aid — Agreements concluded by Kärntner Flughafen Betriebsgesellschaft with airlines Hapag Lloyd Express and TUIfly — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Advantage — Private investor test — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard)

ECLI:EU:UNKNOWN:62018TA0447

62018TA0447

September 29, 2021
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22.11.2021

Official Journal of the European Union

C 471/37

(Case T-447/18) (<span class="oj-super oj-note-tag">1</span>)

(State aid - Agreements concluded by Kärntner Flughafen Betriebsgesellschaft with airlines Hapag Lloyd Express and TUIfly - Airport services - Marketing services - Decision declaring the aid incompatible with the internal market and ordering its recovery - Advantage - Private investor test - Article 41 of the Charter of Fundamental Rights - Right of access to the file - Right to be heard)

(2021/C 471/51)

Language of the case: German

Parties

Applicant: TUIfly GmbH (Langenhagen, Germany) (represented by: L. Giesberts and M. Gayger, lawyers)

Defendant: European Commission (represented by: K. Blanck, A. Bouchagiar and S. Noë, acting as Agents)

Re:

Application under Article 263 TFEU seeking 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 applicant.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders TUIfly GmbH to bear its own costs and to pay those incurred by the European Commission.

Language of the case: German.

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