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Case T-512/11: Judgment of the General Court of 25 November 2014 — Ryanair v Commission (State aid — Aviation sector — Irish air travel tax — Exemption for transit and transfer passengers — Decision finding no State aid — Failure to open the formal investigation procedure — Serious difficulties — Procedural rights of parties concerned)
ECLI:EU:UNKNOWN:62011TA0512
62011TA0512
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19.1.2015
Official Journal of the European Union
C 16/31
(Case T-512/11) (*)
(State aid - Aviation sector - Irish air travel tax - Exemption for transit and transfer passengers - Decision finding no State aid - Failure to open the formal investigation procedure - Serious difficulties - Procedural rights of parties concerned)
(2015/C 016/49)
Language of the case: English
Applicant: Ryanair Ltd (Dublin, Ireland) (represented by: E. Vahida and I.-G. Metaxas-Maragkidis, lawyers)
Defendant: European Commission (represented by: L. Flynn, D. Grespan and T. Maxian Rusche, acting as Agents)
Interveners in support of the defendant: Federal Republic of Germany (represented by: T. Henze and K. Petersen, acting as Agents); and Ireland (represented by: E. Creedon, A. Joyce and E. Mc Phillips, acting as Agents, assisted by E. Regan SC)
Re:
Application for annulment in part of Commission Decision C(2011) 4932 final of 13 July 2011 in so far as it finds that the non-application of the Irish air travel tax to transit and transfer passengers does not constitute State aid within the meaning of Article 107(1) TFEU (State aid SA.29064 (2011C ex 2011/NN)).
Operative part of the judgment
The Court:
1)Annuls Commission Decision C(2011) 4932 final of 13 July 2011 in so far as it finds that the non-application of the Irish air travel tax to transit and transfer passengers does not constitute State aid within the meaning of Article 107(1) TFEU (State aid SA.29064 (2011C ex 2011/NN));
2)Orders the European Commission to bear its own costs and to pay those incurred by Ryanair Ltd;
3)Orders the Federal Republic of Germany and Ireland to bear their own costs.
(*) Language of the case: English.
OJ C 347, 26.11.2011