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Case T-827/22: Judgment of the General Court of 6 November 2024 – Wizz Air Hungary v Commission (TAROM II ; Covid-19) (State aid – Romanian air transport market – Aid granted by Romania to TAROM in the context of the COVID-19 pandemic – Capital injection – Decision not to raise any objections – Action for annulment – Locus standi – Substantial adverse effect on the applicant’s position on the market in question – Admissibility – Aid to make good the damage caused by an exceptional occurrence – Assessment of the damage – Causal link – Beneficiary’s pre-existing financial difficulties – Principle of non-discrimination – Freedom to provide services – Freedom of establishment – Obligation to state reasons)

ECLI:EU:UNKNOWN:62022TA0827

62022TA0827

November 6, 2024
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Official Journal of the European Union

C series

C/2025/165

13.1.2025

(Case T-827/22)

(State aid - Romanian air transport market - Aid granted by Romania to TAROM in the context of the COVID-19 pandemic - Capital injection - Decision not to raise any objections - Action for annulment - Locus standi - Substantial adverse effect on the applicant’s position on the market in question - Admissibility - Aid to make good the damage caused by an exceptional occurrence - Assessment of the damage - Causal link - Beneficiary’s pre-existing financial difficulties - Principle of non-discrimination - Freedom to provide services - Freedom of establishment - Obligation to state reasons)

(C/2025/165)

Language of the case: English

Parties

Applicant: Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) (Budapest, Hungary) (represented by: E. Vahida, S. Rating and I. G. Metaxas-Maranghidis, lawyers)

Defendant: European Commission (represented by: L. Nicolae, acting as Agent)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2020) 2934 final of 29 April 2022 on State aid SA.63360 (2021/N) – Romania COVID-19 – Aid to TAROM – Damage compensation II.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) to pay the costs.

(1)

OJ C 104, 20.3.2023.

ELI: http://data.europa.eu/eli/C/2025/165/oj

ISSN 1977-091X (electronic edition)

ELI: http://data.europa.eu/eli/C/2025/165/oj

ISSN 1977-091X (electronic edition)

* * *

* Language of the case: English.

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