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Case T-14/21: Judgment of the General Court of 18 October 2023 — Ryanair v Commission (Brussels Airlines; COVID-19) (State aid — Belgian air transport market — Aid granted by Belgium to Brussels Airlines in the context of the COVID-19 pandemic — Recapitalisation — Loan — Decision not to raise objections — Temporary framework for State aid measures — Measure intended to remedy a serious disturbance in the economy of a Member State — Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition — Equal treatment — Freedom of establishment — Freedom to provide services — Obligation to state reasons)

ECLI:EU:UNKNOWN:62021TA0014

62021TA0014

October 18, 2023
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Official Journal of the European Union

Series C

C/2023/1138

(Case T-14/21) (*)

(State aid - Belgian air transport market - Aid granted by Belgium to Brussels Airlines in the context of the COVID-19 pandemic - Recapitalisation - Loan - Decision not to raise objections - Temporary framework for State aid measures - Measure intended to remedy a serious disturbance in the economy of a Member State - Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition - Equal treatment - Freedom of establishment - Freedom to provide services - Obligation to state reasons)

(C/2023/1138)

Language of the case: English

Parties

Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F.-C. Laprévote, V. Blanc, S. Rating, I.-G. Metaxas-Maranghidis and D. Pérez de Lamo, lawyers)

Defendant: European Commission (represented by: L. Flynn, A. Bouchagiar and F. Tomat, acting as Agents)

Interveners in support of the defendant: Kingdom of Belgium (represented by: L. Van den Broeck and C. Pochet, acting as Agents, and by A. Vallery, F. Louis and É. Bruc, lawyers), Federal Republic of Germany (represented by: P.-L. Krüger and J. Möller, acting as Agents), Brussels Airlines SA/NV (Brussels, Belgium) (represented by: V. Mussche and D. Wouters, lawyers)

Re:

By its action on the basis of Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2020) 5840 final of 21 August 2020 on State aid SA.57544 (2020/N) — Belgium COVID-19: Aid to Brussels Airlines.

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 and by Brussels Airlines SA/NV;

3.Orders the Kingdom of Belgium and the Federal Republic of Germany to bear their own costs.

*

(*) Language of the case: English.

ELI: http://data.europa.eu/eli/C/2023/1138/oj

ISSN 1977-091X (electronic edition)

* * *

ECLI:EU:C:2025:140

15

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