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Case T-607/17: Judgment of the General Court of 13 May 2020 — Volotea v Commission (State aid — Aviation sector — Aid granted by Italy to Sardinian airports — Decision declaring the aid compatible in part and incompatible in part with the internal market — Whether imputable to the State — Recovery — Beneficiaries — Advantage to co-contracting airlines — Market economy operator principle — Selectivity — Effect on trade between Member States — Adverse effect on competition — Recovery — Legitimate expectations — Obligation to state reasons)

ECLI:EU:UNKNOWN:62017TA0607

62017TA0607

May 13, 2020
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29.6.2020

Official Journal of the European Union

C 215/26

(Case T-607/17) (<span class="oj-super oj-note-tag">1</span>)

(State aid - Aviation sector - Aid granted by Italy to Sardinian airports - Decision declaring the aid compatible in part and incompatible in part with the internal market - Whether imputable to the State - Recovery - Beneficiaries - Advantage to co-contracting airlines - Market economy operator principle - Selectivity - Effect on trade between Member States - Adverse effect on competition - Recovery - Legitimate expectations - Obligation to state reasons)

(2020/C 215/30)

Language of the case: English

Parties

Applicant: Volotea, SA (Barcelona, Spain) (represented by: M. Carpagnano and M. Nordmann, lawyers)

Defendant: European Commission (represented by: D. Recchia, D. Grespan and S. Noë, acting as Agents)

Re:

Application under Article 263 TFEU seeking the annulment of Commission Decision (EU) 2017/1861 of 29 July 2016 on State aid SA 33983 (2013/C) (ex 2012/NN) (ex 2011/N) — Italy — Compensation to Sardinian airports for public service obligations (SGEI) (OJ 2017 L 268, p. 1).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Volotea, SA to pay the costs.

(<span class="oj-super">1</span>) OJ C 392, 20.11.2017.

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