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Case T-743/21: Judgment of the General Court of 5 February 2025 – Ryanair v Commission (TAP II; rescue aid; COVID-19) (State aid – Portuguese air transport market – Rescue aid granted by Portugal to TAP SGPS – State loan – Decision not to raise any objections – Action for annulment – Locus standi – Admissibility – Eligibility – Point 22 of the Guidelines on State aid for rescuing and restructuring undertakings in difficulty – Company belonging to a group – Intrinsic difficulties not resulting from an arbitrary allocation of costs within the group – Difficulties which are too serious to be dealt with by the group itself – Appropriateness of the aid – Proportionality – Weighing up of the positive and negative effects – Freedom of establishment – Freedom to provide services – Equal treatment – Obligation to state reasons)
ECLI:EU:UNKNOWN:62021TA0743
62021TA0743
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Official Journal of the European Union
C series
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C/2025/1754
31.3.2025
(Case T-743/21)
(State aid - Portuguese air transport market - Rescue aid granted by Portugal to TAP SGPS - State loan - Decision not to raise any objections - Action for annulment - Locus standi - Admissibility - Eligibility - Point 22 of the Guidelines on State aid for rescuing and restructuring undertakings in difficulty - Company belonging to a group - Intrinsic difficulties not resulting from an arbitrary allocation of costs within the group - Difficulties which are too serious to be dealt with by the group itself - Appropriateness of the aid - Proportionality - Weighing up of the positive and negative effects - Freedom of establishment - Freedom to provide services - Equal treatment - Obligation to state reasons)
(C/2025/1754)
Language of the case: English
Parties
Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F.-C. Laprévote, D. Pérez de Lamo, S. Rating and I.-G. Metaxas-Maranghidis, lawyers)
Defendant: European Commission (represented by: I. Barcew and V. Bottka, acting as Agents)
Intervener in support of the defendant: Portuguese Republic (represented by: P. Barros da Costa, M. Ramos, S. Jaulino, A. Pimenta and A. Rodrigues, acting as Agents, and by N. Mimoso Ruiz and G. Oliveira e Costa, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2021) 5302 final of 16 July 2021 on State aid SA.57369 (2020/N) – Portugal – Rescue aid to TAP SGPS.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Ryanair DAC to bear its own costs and to pay those incurred by the European Commission;
Orders the Portuguese Republic to bear its own costs.
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(1)
OJ C 37, 24.1.2022.
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ELI: http://data.europa.eu/eli/C/2025/1754/oj
ISSN 1977-091X (electronic edition)
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