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Case T-238/21: Judgment of the General Court of 10 May 2023 — Ryanair v Commission (SAS II; COVID-19) (State aid — Danish and Swedish air transport markets — Aid granted by Denmark and Sweden to an airline in the context of the COVID-19 pandemic — Recapitalisation of SAS — Decision not to raise any objections — Actions for annulment — Individual concern — Substantial effect on the competitive position — Admissibility — Temporary Framework for State aid measures — Aid to remedy a serious disturbance in the economy of a Member State — Compliance with the requirements of the Temporary Framework)
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62021TA0238
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Valentina R., lawyer
26.6.2023
Official Journal of the European Union
C 223/19
(Case T-238/21) (*)
(State aid - Danish and Swedish air transport markets - Aid granted by Denmark and Sweden to an airline in the context of the COVID-19 pandemic - Recapitalisation of SAS - Decision not to raise any objections - Actions for annulment - Individual concern - Substantial effect on the competitive position - Admissibility - Temporary Framework for State aid measures - Aid to remedy a serious disturbance in the economy of a Member State - Compliance with the requirements of the Temporary Framework)
(2023/C 223/26)
Language of the case: English
Parties
Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F.-C. Laprévote, V. Blanc, S. Rating and I.-G. Metaxas-Maranghidis, lawyers)
Defendant: European Commission (represented by: L. Flynn, J. Carpi Badía and A. Bouchagiar, acting as Agents)
Interveners in support of the defendant: Kingdom of Denmark (represented by: M. Søndahl Wolff, C. Maertens and C. Grønbech-Jensen, acting as Agents, and by R. Holdgaard, lawyer), Kingdom of Sweden (represented by: C. Meyer-Seitz, H. Shev, A. Runeskjöld, M. Salborn Hodgson, R. Shahsavan Eriksson, H. Eklinder and O. Simonsson, acting as Agents), SAS AB (Stockholm, Sweden) (represented by: F. Sjövall and A. Lundmark, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2020) 5750 final of 17 August 2020 on State Aid SA.57543 (2020/N) — Denmark and SA.58342 (2020/N) — Sweden — COVID-19 recapitalisation of SAS AB.
Operative part of the judgment
The Court:
1.Annuls Commission Decision C(2020) 5750 final of 17 August 2020 on State Aid SA.57543 (2020/N) — Denmark and SA.58342 (2020/N) — Sweden — COVID-19 recapitalisation of SAS AB;
2.Orders the European Commission to bear its own costs and to pay those incurred by Ryanair DAC, with the exception of those related to the interventions;
3.Orders the Kingdom of Denmark, the Kingdom of Sweden and SAS to bear their own costs and to pay those incurred by Ryanair as a result of their respective interventions.
(*) Language of the case: English.
(1) OJ C 242, 21.6.2021.