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Case C-321/21 P: Judgment of the Court (Fourth Chamber) of 28 September 2023 — Ryanair DAC v European Commission, Kingdom of Denmark, French Republic, SAS AB (Appeal — State aid — Article 107(2)(b) TFEU — Danish air transport market — Aid granted by the Kingdom of Denmark to an airline amid the COVID-19 pandemic — Temporary Framework for State aid measures — State guarantee for a revolving credit facility — Decision by the European Commission not to raise objections — Aid intended to make good the damage suffered by a single victim — Principles of proportionality and non-discrimination — Freedom of establishment and freedom to provide services)

ECLI:EU:UNKNOWN:62021CA0321

62021CA0321

September 28, 2023
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Official Journal of the European Union

Series C

C/2023/620

13.11.2023

(Case C-321/21 P) (*)

(Appeal - State aid - Article 107(2)(b) TFEU - Danish air transport market - Aid granted by the Kingdom of Denmark to an airline amid the COVID-19 pandemic - Temporary Framework for State aid measures - State guarantee for a revolving credit facility - Decision by the European Commission not to raise objections - Aid intended to make good the damage suffered by a single victim - Principles of proportionality and non-discrimination - Freedom of establishment and freedom to provide services)

(C/2023/620)

Language of the case: English

Parties

Appellant: Ryanair DAC (represented initially by: V. Blanc, F. C. Laprévote E. Vahida, avocats, I. G. Metaxas-Maranghidis, dikigoros, and S. Rating, abogado, and subsequently by V. Blanc, F. C. Laprévote, E. Vahida, avocats, I. G. Metaxas-Maranghidis, dikigoros, D. Pérez de Lamo and S. Rating, abogados)

Other parties to the proceedings: European Commission (represented by L. Flynn, S. Noë and F. Tomat, acting as Agents), Kingdom of Denmark (represented initially by V. Pasternak Jørgensen and M. Søndahl Wolff, acting as Agents, and by R. Holdgaard, advokat, and subsequently by C. Maertens and M. Søndahl Wolff, acting as Agents, and by R. Holdgaard, advokat), French Republic (represented initially by A. L. Desjonquères, P. Dodeller, A. Ferrand and N. Vincent, acting as Agents, and subsequently by A. L. Desjonquères and N. Vincent, acting as Agents, and finally by A. L. Desjonquères, acting as Agent), SAS AB (represented by F. Sjövall and A. Lundmark, advokater)

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Ryanair DAC to bear its own costs and to pay those incurred by the European Commission and SAS AB;

3.Orders the French Republic and the Kingdom of Denmark to bear their own costs.

(*)

Language of the case: English.

ELI: http://data.europa.eu/eli/C/2023/620/oj

ISSN 1977-091X (electronic edition)

* * *

(C/2023/620)

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