23.3.2015

Official Journal of the European Union

C 96/12

(Case T-473/12) (<span class="super">1</span>)

((State aid - Irish tax on air passengers - Lower rate for destinations no more than 300 km from Dublin - Decision declaring the aid incompatible with the internal market and ordering its recovery - Advantage - Selective nature - Identification of the beneficiaries of the aid - Article 14 of Regulation (EC) No 659/1999 - Obligation to state reasons))

(2015/C 096/15)

Language of the case: English

Parties

Applicant: Aer Lingus Ltd (Dublin, Ireland) (represented by: K. Bacon, D. Scannell, D. Bailey, Barristers, and A. Burnside, Solicitor)

Defendant: European Commission (represented by: L. Flynn, D. Grespan and T. Maxian Rusche, acting as Agents)

Intervener in support of the defendant: Ireland (represented by: E. Creedon, A. Joyce and J. Quaney, acting as Agents, assisted by E. Regan SC, and B. Doherty, Barrister)

Re:

Application for annulment of Commission Decision 2013/199/EU of 25 July 2012 on State aid Case SA.29064 (11/C, ex 11/NN) — Differentiated air travel tax rates implemented by Ireland (OJ 2013 L 119, p. 30).

Operative part of the judgment

The Court:

1.Annuls Article 4 of Commission Decision 2013/199/EU of 25 July 2012 on State aid Case SA.29064 (11/C, ex 11/NN) — Differentiated air travel tax rates implemented by Ireland, in so far as it orders the recovery of the aid from the beneficiaries for an amount which is set at EUR 8 per passenger in recital 70 of that decision;

2.Dismisses the action as to the remainder;

3.Orders the European Commission to pay its own costs, as well as half of the costs incurred by Aer Lingus Ltd;

4.Orders Aer Lingus to pay half of its own costs;

5.Orders Ireland to pay its own costs.

(<span class="super">1</span>) OJ C 26, 26.1.2013.