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Case T-665/20: Action brought on 6 November 2020 — Ryanair v Commission
ECLI:EU:UNKNOWN:62020TN0665
62020TN0665
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21.12.2020
EN
Official Journal of the European Union
C 443/30
(Case T-665/20)
(2020/C 443/35)
Language of the case: English
Parties
Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F. Laprévote, V. Blanc, S. Rating and I. Metaxas-Maranghidis, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul the European Commission’s decision (EU) of 26 April 2020 on State aid SA.56867 COVID 19 –– Germany Compensation for the damage caused by the COVID-19 outbreak to Condor Flugdienst GmbH (1); and
—order the European Commission to pay the costs.
The applicant has also requested that its action be determined under the expedited procedure as referred to in Article 23a of the Statute of the Court of Justice.
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1.First plea in law, alleging that the European Commission violated specific provisions of the TFEU and the general principles of European law regarding the prohibition of discrimination, free provision of services and free establishment that have underpinned the liberalisation of the air transport market in the EU. The liberalisation of air transport has allowed the growth of truly pan-European low-fares airlines. By authorising Germany to reserve the aid to Condor, the European Commission ignored the damage caused to such pan-European airlines by the travel restrictions due to the COVID-19 crisis.
2.Second plea in law, alleging that the Commission misapplied Article 107(2)(b) TFEU and committed a manifest error of assessment in its review of the proportionality of the aid to the damage caused by the travel restrictions due to the COVID-19 crisis, particularly by considering the prolonged insolvency period of Condor as direct damage to be covered by the aid and by considering that Condor would be sold by June 2022 and could use the proceeds to repay part of the aid.
3.Third plea in law, alleging that the European Commission 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 Commission violated its duty to state reasons.
(1) European Commission’s decision (EU) of 26 April 2020 on State aid SA.56867 COVID 19 –– Germany Compensation for the damage caused by the COVID-19 outbreak to Condor Flugdienst GmbH (OJ 2020 C 310, p. 5)