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Case T-142/21: Judgment of the General Court of 29 March 2023 — Wizz Air Hungary v Commission (Blue Air; COVID-19 and rescue aid) (State aid — Romanian air transport market — Aid granted by Romania to Blue Air in the context of the COVID-19 pandemic — Blue Air rescue aid — Loan guaranteed by the Romanian State — Decision not to raise any objections — Action for annulment — Aid intended to make good the damage caused by an exceptional occurrence — Article 107(2)(b) TFEU — Assessment of the damage — Causal link — Beneficiary’s pre-existing difficulties — Taking avoidable costs into account — Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty — Article 107(3)(c) TFEU — Contribution of the aid to an objective of common interest — ‘One time, last time’ condition for rescue aid — Principle of non-discrimination — Freedom to provide services — Freedom of establishment — Obligation to state reasons)
ECLI:EU:UNKNOWN:62021TA0142
62021TA0142
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22.5.2023
Official Journal of the European Union
C 179/27
(Case T-142/21) (*)
(State aid - Romanian air transport market - Aid granted by Romania to Blue Air in the context of the COVID-19 pandemic - Blue Air rescue aid - Loan guaranteed by the Romanian State - Decision not to raise any objections - Action for annulment - Aid intended to make good the damage caused by an exceptional occurrence - Article 107(2)(b) TFEU - Assessment of the damage - Causal link - Beneficiary’s pre-existing difficulties - Taking avoidable costs into account - Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty - Article 107(3)(c) TFEU - Contribution of the aid to an objective of common interest - ‘One time, last time’ condition for rescue aid - Principle of non-discrimination - Freedom to provide services - Freedom of establishment - Obligation to state reasons)
(2023/C 179/38)
Language of the case: English
Parties
Applicant: Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) (Budapest, Hungary) (represented by: E. Vahida, S. Rating and I.-G. Metaxas-Maranghidis, lawyers)
Defendant: European Commission (represented by: L. Flynn, V. Bottka and I. Barcew, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2020) 5830 final of 20 August 2020 on State Aid SA.57026 (2020/N) — Romania — COVID-19: Aid to Blue Air.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) to pay the costs.
(*) Language of the case: English.
(1) OJ C 148, 26.4.2021.