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Case T-111/21: Judgment of the General Court of 9 November 2022 — Ryanair v Commission (Croatia Airlines; COVID-19) (State aid — Croatian air transport market — Aid granted by Croatia to an airline in the context of the COVID-19 pandemic — Direct grant — Decision not to raise any objections — Action for annulment — Individual concern — Admissibility — Serious difficulties — Aid intended to make good the damage caused by an exceptional occurrence — Equal treatment — Freedom of establishment — Free provision of services — Assessment of the damage — Obligation to state reasons)

ECLI:EU:UNKNOWN:62021TA0111

62021TA0111

November 9, 2022
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16.1.2023

Official Journal of the European Union

C 15/36

(Case T-111/21) (*)

(State aid - Croatian air transport market - Aid granted by Croatia to an airline in the context of the COVID-19 pandemic - Direct grant - Decision not to raise any objections - Action for annulment - Individual concern - Admissibility - Serious difficulties - Aid intended to make good the damage caused by an exceptional occurrence - Equal treatment - Freedom of establishment - Free provision of services - Assessment of the damage - Obligation to state reasons)

(2023/C 15/46)

Language of the case: English

Parties

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

Defendant: European Commission (represented by L. Flynn and C. Georgieva, acting as Agents)

Intervener in support of the defendant: Republic of Croatia (represented by G. Vidović Mesarek, acting as Agent)

Re:

By its action on the basis of Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2020) 8608 final of 30 November 2020 on State aid SA.55373 (2020/N) — Croatia — COVID-19: Damage compensation to Croatia Airlines (OJ 2021 C 17, p. 1).

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;

3.Orders the Republic of Croatia to bear its own costs.

(*) Language of the case: English.

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