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Case T-238/20: Judgment of the General Court of 17 February 2021 — Ryanair v Commission (State aid — Air transport market in Sweden, from Sweden and to Sweden — Loan guarantees to support airlines amid the Covid-19 pandemic — Decision not to raise any objections — Temporary Framework for State aid measures — Measure intended to remedy a serious disturbance in the economy of a Member State — Free provision of services — Equal treatment — Proportionality — Criterion of holding a licence issued by the Swedish authorities — Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition — Article 107(3)(b) TFEU — Ratio legis — Duty to state reasons)
ECLI:EU:UNKNOWN:62020TA0238
62020TA0238
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Official Journal of the European Union
C 138/30
(Case T-238/20) (*)
(State aid - Air transport market in Sweden, from Sweden and to Sweden - Loan guarantees to support airlines amid the Covid-19 pandemic - Decision not to raise any objections - Temporary Framework for State aid measures - Measure intended to remedy a serious disturbance in the economy of a Member State - Free provision of services - Equal treatment - Proportionality - Criterion of holding a licence issued by the Swedish authorities - Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition - Article 107(3)(b) TFEU - Ratio legis - Duty to state reasons)
(2021/C 138/40)
Language of the case: English
Parties
Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F. C. Laprévote, S. Rating and I. G. Metaxas-Maranghidis, lawyers)
Defendant: European Commission (represented by: L. Flynn, S. Noë and F. Tomat, acting as Agents)
Interveners in support of the defendant: French Republic (represented by: E. de Moustier, C. Mosser, A. Daniel and P. Dodeller, acting as Agents), Kingdom of Sweden (represented by: C. Meyer-Seitz, H. Eklinder, A. Runeskjöld, M. Salborn Hodgson, H. Shev, R. Shahsavan Eriksson and J. Lundberg, acting as Agents)
Re:
Application under Article 263 TFEU for annulment of Commission Decision C(2020) 2366 final of 11 April 2020 on State Aid SA.56812 (2020/N) — Sweden — COVID-19: Loan guarantee scheme to airlines.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Ryanair DAC to bear its own costs and to pay those of the European Commission, including the costs relating to the request for confidential treatment;
3.Orders the French Republic and the Kingdom of Sweden to bear their own respective costs.
* * *
(*) Language of the case: English.