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(Case T-465/20) (*)
(State aid - Portuguese air transport market - Aid provided by Portugal to TAP owing to the COVID-19 pandemic - State loan - Decision not to raise any objections - Point 22 of the Guidelines on State aid for rescuing and restructuring non-financial 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 - Duty to state reasons - Maintenance of the effects of the decision)
(2021/C 263/27)
Language of the case: English
Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F.-C. Laprévote, S. Rating, I.-G. Metaxas-Maranghidis and V. Blanc, lawyers)
Defendant: European Commission (represented by: L. Flynn, V. Bottka and S. Noë, acting as Agents)
Interveners in support of the defendant: French Republic (represented by: P. Dodeller and E. de Moustier, acting as Agents), Republic of Poland (represented by: B. Majczyna, acting as Agent), Portuguese Republic (represented by: L. Inez Fernandes, P. Barros da Costa and S. Jaulino, acting as Agents, and by N. Mimoso Ruiz, lawyer)
Application under Article 263 TFEU for annulment of Commission Decision C(2020) 3989 final of 10 June 2020 on State aid SA.57369 (2020/N) COVID-19 — Portugal — Aid to TAP.
The Court:
1.Annuls Commission Decision C(2020) 3989 final of 10 June 2020 on State aid SA.57369 (2020/N) — COVID-19 — Portugal — Aid to TAP;
2.Orders the effects of the annulment of that decision to be suspended pending the adoption of a new decision by the European Commission under Article 108 TFEU; those effects are to be suspended for a period not exceeding two months from the date of delivery of this judgment if the Commission decides to adopt such a new decision under Article 108(3) TFEU, and for a reasonable further period if the Commission decides to initiate the procedure under Article 108(2) TFEU;
3.Orders the Commission to bear its own costs and to pay those incurred by Ryanair DAC;
4.Orders the French Republic, the Republic of Poland and the Portuguese Republic to bear their own respective costs.
(*)
Language of the case: English.
OJ C 287, 31.8.2020.