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Case T-591/15: Judgment of the General Court of 13 December 2018 — Transavia Airlines v Commission (State aid — Airport and marketing services agreement — Agreement between the Chamber of Commerce and Industry of Pau-Béarn and Transavia — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Whether attributable to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard)

ECLI:EU:UNKNOWN:62015TA0591

62015TA0591

December 13, 2018
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Official Journal of the European Union

C 82/37

(Case T-591/15) (*)

((State aid - Airport and marketing services agreement - Agreement between the Chamber of Commerce and Industry of Pau-Béarn and Transavia - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Concept of State aid - Whether attributable to the State - Chamber of Commerce and Industry - Advantage - Private investor test - Recovery - Article 41 of the Charter of Fundamental Rights - Right of access to the file - Right to be heard))

(2019/C 82/41)

Language of the case: Dutch

Parties

Applicant: Transavia Airlines CV (Schiphol, Netherlands) (represented by: R. Elkerbout and M. Baneke, lawyers)

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

Re:

Application under Article 263 TFEU seeking the partial annulment of Commission Decision (EU) 2015/1227 of 23 July 2014 on State aid SA.22614 (C 53/07) implemented by France in favour of the Chamber of Commerce and Industry of Pau-Béarn, Ryanair, Airport Marketing Services and Transavia (OJ 2015 L 201, p. 109).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Transavia Airlines CV to bear its own costs and to pay those incurred by the European Commission.

(*)

Language of the case: Dutch.

ECLI:EU:C:2019:140

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