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Case T-448/18: Judgment of the General Court of 29 September 2021 — Ryanair and Others v Commission (State aid — Agreements concluded by Kärntner Flughafen Betriebsgesellschaft with Ryanair and its subsidiaries Airport Marketing Services and Leading Verge.com — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Concept of State aid — Whether imputable to the State — 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:62018TA0448
62018TA0448
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22.11.2021
Official Journal of the European Union
C 471/38
(Case T-448/18) (<span class="oj-super oj-note-tag">1</span>)
(State aid - Agreements concluded by Kärntner Flughafen Betriebsgesellschaft with Ryanair and its subsidiaries Airport Marketing Services and Leading Verge.com - Airport services - Marketing services - Decision declaring the aid incompatible with the internal market and ordering its recovery - Concept of State aid - Whether imputable to the State - Advantage - Private investor test - Recovery - Article 41 of the Charter of Fundamental Rights - Right of access to the file - Right to be heard)
(2021/C 471/52)
Language of the case: English
Parties
Applicants: Ryanair DAC (Swords, Ireland), Airport Marketing Services Ltd (Dublin, Ireland), FR Financing (Malta) Ltd (Douglas, Isle of Man) (represented by: E. Vahida and I.-G. Metaxas-Maranghidis, lawyers, and by B. Byrne, Solicitor)
Defendant: European Commission (represented by: K. Blanck, A. Bouchagiar and S. Noë, acting as Agents)
Re:
Application under Article 263 TFEU seeking the partial annulment of Commission Decision (EU) 2018/628 of 11 November 2016 on State aid SA.24221(2011/C) (ex 2011/NN) implemented by Austria for the Klagenfurt airport, Ryanair and other airlines using the airport (OJ 2018 L 107, p. 1), in so far as it concerns the applicants.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Ryanair DAC, Airport Marketing Services Ltd and FR Financing (Malta) Ltd to bear their own costs and to pay those incurred by the European Commission.
(<span class="oj-super">1</span>) OJ C 319, 10.9.2018.
ECLI:EU:C:2021:140