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Case T-894/16: Judgment of the General Court of 11 July 2019 — Air France v Commission (Action for annulment — State aid — Measures implemented by France in favour of Marseille Provence Airport and airlines using the airport — Decision declaring the aid compatible with the internal market — Investment subsidies — Differentiation between airport charges applicable to national and international flights — Reduced airport charges to encourage flights from the new Marseille Provence terminal 2 — Lack of individual concern — No substantial effect on the competitive position — Inadmissibility)

ECLI:EU:UNKNOWN:62016TA0894

62016TA0894

July 11, 2019
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30.9.2019

Official Journal of the European Union

C 328/40

(Case T-894/16) (<span class="super note-tag">1</span>)

(Action for annulment - State aid - Measures implemented by France in favour of Marseille Provence Airport and airlines using the airport - Decision declaring the aid compatible with the internal market - Investment subsidies - Differentiation between airport charges applicable to national and international flights - Reduced airport charges to encourage flights from the new Marseille Provence terminal 2 - Lack of individual concern - No substantial effect on the competitive position - Inadmissibility)

(2019/C 328/43)

Language of the case: French

Parties

Applicant: Société Air France (Tremblay-en-France, France) (represented by: R. Sermier, lawyer)

Defendant: European Commission (represented by: S. Noë, C. Giolito and C. Georgieva-Kecsmar, Agents)

Interveners in support of the defendant: Aéroport Marseille Provence SA (Marignane, France) (represented by: A. Lepièce, lawyer), Ryanair DAC, formerly Ryanair Ltd (Dublin, Ireland) and Airport Marketing Services Ltd (Dublin) (represented by: E. Vahida and I.-G. Metaxas-Maranghidis, lawyers)

Re:

Action under Article 263 TFEU for the annulment of Commission Decision (EU) 2016/1698 of 20 February 2014 concerning measures SA.22932 (11/C) (ex NN 37/07) implemented by France in favour of Marseille Provence Airport and airlines using the airport (OJ 2016 L 260, p. 1).

Operative part of the judgment

The Court:

1.Dismisses the action as inadmissible;

2.Orders Société Air France to bear its own costs and those incurred by the European Commission

3.Orders Ryanair DAC and Airport Marketing Services Ltd and Aéroport Marseille Provence SA to bear their own costs.

(<span class="note">1</span>) OJ C 46, 13.2.2017.

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