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Case C-331/20 P: Appeal brought on 22 July 2020 by Volotea, SA against the judgment of the General Court (First Chamber, Extended Composition) delivered on 13 May 2020 in Case T-607/17, Volotea v Commission
ECLI:EU:UNKNOWN:62020CN0331
62020CN0331
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Official Journal of the European Union
C 297/37
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(Case C-331/20 P)
(2020/C 297/49)
Language of the case: English
Parties
Appellant: Volotea, SA (represented by: M. Carpagnano, avvocato, M. Nordmann, Rechtsanwalt)
Other party to the proceedings: European Commission
Form of order sought
The appellant claims that the Court should:
—set aside points 1 and 2 of the operative part of the judgment under appeal;
—annul in part Article 1 (2), (3) (4) and the recovery of the decision by the Commission (1) of 29 July 2016 on State aid SA.33983 implemented by Italy for compensation to Sardinian airports for public service obligations insofar as it concerns the appellant.
In the alternative:
—set aside points 1 and 2 of the operative part of the judgment under appeal;
—refer the case back to the General Court.
Furthermore, the appellant claims that the Court should order the Commission to pay the costs.
Pleas in law and main arguments
The General Court erred in the application of the notion of State aid under 107(1) TFEU. More specifically, the Court misapplied the notion of economic advantage, exceeded its jurisdiction by replacing the European Commission’s reasoning, and misjudged the criteria of selectivity, State resources and distortion of competition.
The General Court erred in justification of State aid under Article 107(3)(c) TFEU and Community Guidelines on Financing of Airports and Start-Up Aid to Airlines Departing From Regional Airports.
The General Court failed to take into account the principle of legitimate expectations in its recovery order; erred in acknowledging a violation of Article 296 (2) TFEU due to lack of adequate reasoning of the European Commission and violated the appellant`s right to effective remedy.
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(1) Commission Decision (EU) 2017/1861 of 29 July 2016 on State aid SA33983 (2013/C) (ex 2012/NN) (ex 2011/N) — Italy — Compensation to Sardinian airports for public service obligations (SGEI) (OJ 2017, L 268, p. 1).
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