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Joined Cases C-331/20 P and C-343/20 P: Judgment of the Court (Second Chamber) of 17 November 2022 — Volotea SA (C-331/20 P), easyJet Airline Co. Ltd (C-343/20 P) v European Commission (Appeal — State aid — Article 107(1) TFEU — European Commission decision on compensation to Sardinian airports for public service obligations — Existence of unlawful State aid incompatible with the internal market, granted by the Italian Republic to airlines through airport operators — Concept of ‘State aid’ — Proof of the existence of an advantage — Determination of the amount — Market economy operator principle — Applicability and application — Test of the private acquirer of goods or services — Conditions — Burden of proof)
ECLI:EU:UNKNOWN:62020CA0331
62020CA0331
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Valentina R., lawyer
16.1.2023
Official Journal of the European Union
C 15/7
(Joined Cases C-331/20 P and C-343/20 P) (*)
(Appeal - State aid - Article 107(1) TFEU - European Commission decision on compensation to Sardinian airports for public service obligations - Existence of unlawful State aid incompatible with the internal market, granted by the Italian Republic to airlines through airport operators - Concept of ‘State aid’ - Proof of the existence of an advantage - Determination of the amount - Market economy operator principle - Applicability and application - Test of the private acquirer of goods or services - Conditions - Burden of proof)
(2023/C 15/06)
Language of the case: English
Parties
Appellants: Volotea SA (represented by M. Carpagnano, avvocato, and M. Nordmann, Rechtsanwalt), easyJet Airline Co. Ltd (represented by A. Manzaneque Valverde and J. Rivas Andrés, abogados)
Other party to the proceedings: European Commission (represented by D. Grespan, S. Noë, L. Armati and D. Recchia, acting as Agents)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 13 May 2020, Volotea v Commission (T-607/17, EU:T:2020:180);
2.Sets aside the judgment of the General Court of the European Union of 13 May 2020, easyJet Airline v Commission (T-8/18, EU:T:2020:182), in so far as that court dismissed the action for annulment of easyJet Airline Co. Ltd as unfounded;
3.Annuls European Commission Decision (EU) 2017/1861 of 29 July 2016 on State aid SA33983 (2013/C) (ex 2012/NN) (ex 2011/N) — Italy — Compensation to Sardinian airports for public service obligations (SGEI), in so far as it concerns, first, Volotea SA, and, second, easyJet Airline Co. Ltd;
4.Orders the European Commission to pay the costs related to the proceedings at first instance and to the proceedings on appeal.
(*)
Language of the case: English.
(OJ C 297, 7.9.2020)
* * *