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Case T-333/21: Judgment of the General Court of 18 October 2023 — Ryanair v Commission (Alitalia II; COVID-19) (State aid — Italian air transport market — Aid granted by Italy to an airline in the context of the COVID-19 pandemic — Direct grant — Decision not to raise any objections — Aid intended to make good the damage caused by an exceptional occurrence — Article 107(2)(b) TFEU — Consideration of earlier aid measures in favour of the same beneficiary which are the subject of pending formal investigations — Assessment of damages — Causal link — Principle of non-discrimination — Free provision of services — Freedom of establishment — Obligation to state reasons)
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62021TA0333
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Official Journal of the European Union
Series C
C/2023/1143
4.12.2023
(Case T-333/21) (*)
(State aid - Italian air transport market - Aid granted by Italy to an airline in the context of the COVID-19 pandemic - Direct grant - Decision not to raise any objections - Aid intended to make good the damage caused by an exceptional occurrence - Article 107(2)(b) TFEU - Consideration of earlier aid measures in favour of the same beneficiary which are the subject of pending formal investigations - Assessment of damages - Causal link - Principle of non-discrimination - Free provision of services - Freedom of establishment - Obligation to state reasons)
(C/2023/1143)
Language of the case: English
Parties
Applicant: Ryanair DAC (Swords, Ireland) (represented by: F.-C. Laprévote, E. Vahida, V. Blanc, S. Rating, I.-G. Metaxas-Maranghidis and D. Pérez de Lamo, lawyers)
Defendant: European Commission (represented by: L. Flynn, J. Carpi Badía and F. Tomat, acting as Agents)
Intervener in support of the defendant: Italian Republic (represented by G. Palmieri, P. Gentili and G. Santini acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2020) 9659 final of 29 December 2020 on State aid SA.59188 (2020/NN) — Italy — COVID-19 aid to Alitalia.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Ryanair DAC to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Italian Republic to bear its own costs.
(*)
Language of the case: English.
ELI: http://data.europa.eu/eli/C/2023/1143/oj
ISSN 1977-091X (electronic edition)