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Case T-28/22: Judgment of the General Court of 8 May 2024 – Ryanair v Commission (Condor; restructuring aid) (State aid – German air transport market – Restructuring aid granted by Germany to an airline – Changes to the terms of loans granted by Germany and the partial write-off of debts – Decision not to raise any objections – Action for annulment – Locus standi – Admissibility – Safeguarding of procedural rights – Serious difficulties – Article 107(3)(c) TFEU – Point 67 of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Burden sharing)
ECLI:EU:UNKNOWN:62022TA0028
62022TA0028
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Official Journal of the European Union
C series
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C/2024/3761
(Case T-28/22)
(State aid - German air transport market - Restructuring aid granted by Germany to an airline - Changes to the terms of loans granted by Germany and the partial write-off of debts - Decision not to raise any objections - Action for annulment - Locus standi - Admissibility - Safeguarding of procedural rights - Serious difficulties - Article 107(3)(c) TFEU - Point 67 of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty - Burden sharing)
(C/2024/3761)
Language of the case: English
Parties
Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, S. Rating and I.-G. Metaxas-Maranghidis, lawyers)
Defendant: European Commission (represented by: I. Barcew, V. Bottka and J. Ringborg, acting as Agents)
Interveners in support of the defendant: Federal Republic of Germany (represented by: J. Möller, P.-L. Krüger and J. Buhl, acting as Agents), Condor Flugdienst GmbH (Neu Isenburg, Germany) (represented by: A. Rosenfeld, S. Lünenbürger, A. Birnstiel and S. Blazek, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2021) 5729 final of 26 July 2021 on State aid SA.63203 (2021/N) – Germany – Restructuring aid for Condor.
Operative part of the judgment
The Court:
1.Annuls Commission Decision C(2021) 5729 final of 26 July 2021 on State aid SA.63203 (2021/N) – Germany – Restructuring aid for Condor;
2.Orders the European Commission to bear its own costs and to pay those incurred by Ryanair DAC;
3.Orders the Federal Republic of Germany and Condor Flugdienst GmbH to bear their own costs.
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(1)
OJ C 109, 7.3.2022.
ELI: http://data.europa.eu/eli/C/2024/3761/oj
ISSN 1977-091X (electronic edition)
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