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Case T-53/16: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements between the Chamber of Commerce and Industry of Nîmes-Uzès-Le Vigan and 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 — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard)
ECLI:EU:UNKNOWN:62016TA0053
62016TA0053
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Official Journal of the European Union
C 82/39
(Case T-53/16) (<span class="oj-super oj-note-tag">1</span>)
((State aid - Agreements between the Chamber of Commerce and Industry of Nîmes-Uzès-Le Vigan and 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 - Imputability to the State - Chamber of Commerce and Industry - Advantage - Private investor test - Recovery - Article 41 of the Charter of Fundamental Rights - Right of access to the file - Right to be heard))
(2019/C 82/44)
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: European Commission (represented by: L. Flynn and S. Noë, acting as Agents)
Intervener in support of the defendant: Council of the European Union (represented by: S. Boelaert, S. Petrova and J. Kneale, acting as Agents)
Re:
Application under Article 263 TFEU seeking the partial annulment of Commission Decision (EU) 2016/633 of 23 July 2014 on State aid SA.33961 (2012/C) (ex 2012/NN) implemented by France in favour of Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry, Veolia Transport Aéroport de Nîmes, Ryanair Limited and Airport Marketing Services Limited (OJ 2016 L 113, p. 32).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Ryanair DAC and Airport Marketing Services Ltd to bear their own costs and to pay those incurred by the European Commission;
3.Orders the Council of the European Union to bear its own costs.
(<span class="oj-super">1</span>) OJ C 145, 25.4.2016.