Official Journal of the European Union

C 235/18

(Case C-246/23 P)

(2023/C 235/22)

Language of the case: English

Parties

Appellant: Societatea Naţională ‘Aeroportul Internaţional Timişoara — Traian Vuia’ SA (AITTV) (represented by: V. Power, R. Hourihan, Solicitors)

Other parties to the proceedings: Carpatair SA, European Commission, Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.)

Form of order sought

The Appellant claims that the Court should:

—set aside the General Court Judgment and dismiss the action for annulment brought by Carpatair against the Decision (1), and either give its own judgment in the matter dismissing Carpatair's case in full (including its third and fourth pleas left undecided by the General Court) or remit the matter to the General Court for a rehearing, and

—reserve the question of Carpatair's and AITTV's costs if the case is remitted to the General Court or, if this Honourable Court substitutes its own judgement then order Carpatair to pay its own costs and those of AITTV at first instance and on appeal.

Pleas in law and main arguments

The Appellant submits that the judgment under appeal should be set aside on the following grounds:

Plea 1 — erred in law by deeming Carpatair's action admissible despite Carpatair not being ‘substantially affected’ by the contested arrangements;

Plea 2 — erred in law in finding that the arrangements were selective;

Plea 3 — erred in law by rejecting the admissibility of the ex ante assessment;

Plea 4 — disregarded relevant considerations (e.g., by deeming the Oxera report as ‘irrelevant’), and

Plea 5 — failed to sufficiently take into account evidence submitted by the Commission, Wizz and AITTV relating to the material lack of competition between Wizz and Carpatair when the arrangements were concluded.

Commission Decision (EU) 2021/1428 of 24 February 2020 ON THE STATE AID SA.31662 — C/2011 (ex NN/2011) implemented by Romania for Timișoara International Airport — Wizz Air (OJ 2021, L 308, p. 1).