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Case T-79/21: Judgment of the General Court of 14 June 2023 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Advantage — ‘Real need’ test — Articles 41 and 47 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard)

ECLI:EU:UNKNOWN:62021TA0079

62021TA0079

June 14, 2023
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31.7.2023

Official Journal of the European Union

C 271/24

(Case T-79/21) (<span class="oj-super oj-note-tag">1</span>)

(State aid - Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services - Marketing services - Decision declaring the aid incompatible with the internal market and ordering its recovery - Advantage - ‘Real need’ test - Articles 41 and 47 of the Charter of Fundamental Rights - Right of access to the file - Right to be heard)

(2023/C 271/34)

Language of the case: English

Parties

Applicants: Ryanair DAC (Swords, Ireland), Airport Marketing Services Ltd (Dublin, Ireland) (represented by: E. Vahida, F.-C. Laprévote, V. Blanc, S. Rating, I.-G. Metaxas-Maranghidis and D. Pérez de Lamo, lawyers)

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

Intervener in support of the defendant: Council of the European Union (represented by: A. Maceroni and A.-L. Meyer, acting as Agents)

Re:

By their action based on Article 263 TFEU, the applicants, Ryanair DAC and Airport Marketing Services Ltd, seek annulment of Commission Decision (EU) 2020/1671 of 2 August 2019 on State aid SA.47867 2018/C (ex 2017/FC) granted by France to Ryanair and Airport Marketing Services (OJ 2020 L 388, p. 1).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Ryanair DAC and Airport Marketing Services Ltd to bear their own costs and to pay those incurred by the European Commission;

3.Orders the Council of the European Union to bear its own costs.

(<span class="oj-super">1</span>) OJ C 110, 29.3.2021.

* * *

Language of the case: English

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