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Case C-763/21 P: Judgment of the Court (Tenth Chamber) of 29 June 2023 — TUIfly GmbH v European Commission (Appeal — State aid — Measures put into effect by the Republic of Austria for Klagenfurt airport, Ryanair and other airlines using that airport — Decision declaring the aid measures partially incompatible with the internal market — Article 107(1) TFEU — Private investor in a market economy — Ex ante incremental profitability analysis — Long-term profitability of the airport — Applicability — Article 107(3)(c) TFEU — Aid to facilitate the development of certain economic activities or of certain economic areas — Relevant assessment criterion for determining compatibility with the internal market — Profitability of the new air routes)
ECLI:EU:UNKNOWN:62021CA0763
62021CA0763
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14.8.2023
Official Journal of the European Union
C 286/6
(Case C-763/21 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - State aid - Measures put into effect by the Republic of Austria for Klagenfurt airport, Ryanair and other airlines using that airport - Decision declaring the aid measures partially incompatible with the internal market - Article 107(1) TFEU - Private investor in a market economy - Ex ante incremental profitability analysis - Long-term profitability of the airport - Applicability - Article 107(3)(c) TFEU - Aid to facilitate the development of certain economic activities or of certain economic areas - Relevant assessment criterion for determining compatibility with the internal market - Profitability of the new air routes)
(2023/C 286/06)
Language of the case: German
Parties
Appellant: TUIfly GmbH (represented by: L. Giesberts, D and J. Westarp, Rechtsanwälte)
Other party to the proceedings: European Commission (represented by: K. Blanck, A. Bouchagiar and J. Ringborg, Agents)
Operative part of the judgment
1.The appeal is dismissed;
2.TUIfly GmbH is ordered to pay the costs.
(<span class="oj-super">1</span>) OJ C 73, 14.2.2022.
Language of the case: German