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Valentina R., lawyer
EN
C series
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10.2.2025
(C/2025/738)
Language of the case: English
Applicant: Ryanair DAC (Swords, Ireland) (represented by: F.-C. Laprévote, E. Vahida, S. Rating, D. Pérez de Lamo and C. Cozzani, lawyers)
Defendant: European Commission
The applicant claims that the Court should:
—annul the European Commission Decision of 26 September 2024 on State aid SA.57153–Germany – COVID-19 – Aid to Lufthansa, set forth in the European Commission letter of 26 September 2024 replying to Ryanair letter of 5 September 2024 formally requesting the European Commission to act pursuant to Article 265 TFUE to issue suspension and temporary recovery injunctions under Article 13(1) and (2) of the State aid Procedural Regulation (1); and
—order the European Commission to pay the costs.
In support of the action, the applicant relies on four pleas in law.
1.First plea in law, alleging that the Commission erred in law in interpreting the requirements under Article 13, paragraphs 1 and 2(c) State Aid Procedural Regulation, thereby failing to consider the necessity to adopt a suspension and temporary recovery injunctions.
2.Second plea in law, alleging that the Commission misinterpreted its margin of discretion in issuing a suspension or recovery injunction under Articles 13(1) and (2) State Aid Procedural Regulation.
3.Third plea in law, alleging that the Commission manifestly erred in rejecting the Applicant’s request to adopt an interim recovery injunction under Article 13(2) State Aid Procedural Regulation.
4.Fourth plea in law, alleging that the Commission violated its duty to state reasons pursuant to Article 296(2) TFEU.
Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ 2015, L 248, p. 9).
ELI: http://data.europa.eu/eli/C/2025/738/oj
ISSN 1977-091X (electronic edition)
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