4.3.2019

Official Journal of the European Union

C 82/40

(Case T-77/16) (*)

((State aid - Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services - Airport services - Marketing services - Decision declaring the aid incompatible with the internal market and ordering its recovery - Notion of State aid - Advantage - Private investor test - Recovery - Selectivity))

(2019/C 82/45)

Language of the case: English

Parties

Applicants: Ryanair DAC, formerly Ryanair Ltd (Dublin, Ireland), Airport Marketing Services Ltd (Dublin) (represented by: G. Berrisch, E. Vahida, I.-G. Metaxas-Maranghidis, lawyers, and B. Byrne, Solicitor)

Defendant: Commission (represented by: L. Armati, L. Flynn and S. Noë, acting as Agents)

Interveners in support of the defendant: Republic of Latvia (represented initially by: D. Pelše, J. Treijs-Gigulis and I. Kalniņš, and subsequently by I. Kucina, acting as Agents) and Council of the European Union (represented by: S. Boelaert and S. Petrova, acting as Agents)

Re:

Action under Article 263 TFEU for partial annulment of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport (OJ 2016 L 34, p. 68).

Operative part of the judgment

The Court:

1.Annuls Article 1(2) of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport, and Articles 3, 4 and 5 of that decision, in so far as they concern Ryanair DAC and Airport Marketing Services Ltd;

2.Orders the European Commission to bear its own costs and to pay the costs incurred by Ryanair and Airport Marketing Services;

3.Orders the Council of the European Union to pay its own costs;

4.Orders the Republic of Latvia to bear its own costs.

* Language of the case: English.

(1) OJ C 165, 10.5.2016.