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Case T-538/24: Action brought on 16 October 2024 – Ryanair Designated Activity Company v Commission
ECLI:EU:UNKNOWN:62024TN0538
62024TN0538
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Official Journal of the European Union
EN
C series
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C/2025/192
13.1.2025
(Case T-538/24)
(C/2025/192)
Language of the case: English
Parties
Applicant: Ryanair Designated Activity Company (Dublin, Ireland) (represented by: F.-C. Laprévote, E. Vahida, S. Rating, D. Pérez de Lamo and C. Cozzani, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul the European Commission’s decision (EU) of 15 April 2024 on State Aid SA.109677(2020/NN) – Italy – COVID-19 Amendment of the compensation scheme for airlines with an EU operating license delivered by Italy (1);
—order the European Commission to pay the costs;
—order any interveners to pay their costs.
Pleas in law and main arguments
In support of the action, the applicant relies on five pleas in law.
1.First plea in law, alleging that the Decision infringes the freedom to provide services (Articles 15 of Regulation 1008/2008 (2) and 56 TFUE) and the freedom of establishment (Article 49 TFEU).
2.Second plea in law, alleging that the Decision infringes Articles 8(1), 8(2) and 8(4) of the Rome I Regulation.
3.Third plea in law, alleging that the Decision infringes Article 107(2)(b) TFEU insofar it manifestly errs in the assessment of (i) the direct causal link between the COVID-19 pandemic and the eligible damage and (ii) the proportionality of the aid measure.
4.Fourth plea in law, alleging that the Commission failed to initiate a formal investigation procedure despite serious difficulties and violated the Applicant’s procedural rights.
5.Fifth plea in law, alleging that the Commission violated its duty to state reasons pursuant to Article 296(2) TFUE.
Official Journal, 2004, C/2024/2339.
Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ 2008, L 293, p. 3).
ELI: http://data.europa.eu/eli/C/2025/192/oj
ISSN 1977-091X (electronic edition)
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* Language of the case: English.