22.6.2020

EN

Official Journal of the European Union

C 209/36

(Case T-238/20)

(2020/C 209/47)

Language of the case: English

Parties

Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F. Laprévote, S. Rating and I. Metaxas-Maranghidis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the European Commission’s decision (EU) of 11 April 2020 on State aid SA.56812; (1) and

—order the Commission to pay the costs.

—The applicant has also requested that its action be determined under the expedited procedure as referred to in Article 23a of the Statute of the Court of Justice.

Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.

1.First plea in law, alleging that the Commission’s decision violates specific provisions of the TFEU and the general principles of European law regarding the prohibition of discrimination based on nationality and free movement of services that have underpinned the liberalisation of air transport in the EU since the late 1980s. The liberalisation of the air transport market in the EU has allowed the growth of truly pan-European low-fares airlines. The decision of the Commission ignores the role of such pan-European airlines in the connectivity of EU Member States by allowing Sweden to reserve aid only to those EU airlines to which Sweden has issued EU operating licenses. Article 107(3)(b) TFEU provides for an exception to the prohibition of State aid under Article 107(1) TFEU, but it does not provide for an exception to the other rules and principles of the TFEU.

2.Second plea in law, alleging that the Commission’s decision violates the Commission’s obligation to weigh the beneficial effects of aid against its adverse effects on trading conditions and the maintenance of undistorted competition (i.e., the ‘balancing test’).

3.Third plea in law, alleging that the Commission failed to initiate a formal investigation procedure despite serious difficulties and violated the applicant’s procedural rights.

4.Fourth plea in law, alleging that the decision violates the Commission’s duty to state reasons.

(1) European Commission’s decision (EU) of 11 April 2020 on State aid SA.56812 Sweden — Loan guarantee scheme to airlines under the temporary framework for State aid measures to support the economy in the current COVID-19 outbreak (not yet published in the OJ).