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Case T-398/21: Judgment of the General Court of 2 April 2025 – Ryanair and Ryanair Sun v Commission (State aid – Polish air transport market – Aid granted by Poland to LOT in the context of the COVID-19 pandemic – Subsidised loan and capital injection – Decision not to raise any objections – Article 107(3)(b) TFEU – Temporary Framework for State aid measures – Principle of non-discrimination – Freedom to provide services – Freedom of establishment – Obligation to state reasons)

ECLI:EU:UNKNOWN:62021TA0398

62021TA0398

April 2, 2025
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Official Journal of the European Union

C series

C/2025/2852

(Case T-398/21)

(State aid - Polish air transport market - Aid granted by Poland to LOT in the context of the COVID-19 pandemic - Subsidised loan and capital injection - Decision not to raise any objections - Article 107(3)(b) TFEU - Temporary Framework for State aid measures - Principle of non-discrimination - Freedom to provide services - Freedom of establishment - Obligation to state reasons)

(C/2025/2852)

Language of the case: English

Parties

Applicants: Ryanair DAC (Swords, Ireland), Ryanair Sun S.A. (Warsaw, Poland) (represented by: F.-C. Laprévote, E. Vahida, S. Rating, D. Pérez de Lamo and C. Cozzani, lawyers)

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

Interveners in support of the defendant: Republic of Poland (represented by: B. Majczyna, M. Rzotkiewicz, S. Żyrek and J. Florecka, acting as Agents), Polskie Linie Lotnicze ‘LOT’ S.A. (Warsaw) (represented by: M. Krakowiak and A. Glapa, lawyers)

Re:

By their action under Article 263 TFEU, the applicants seek the annulment of Commission Decision C(2020) 9606 final of 22 December 2020 on State aid SA.59158 (2020/N) – Poland – COVID-19: Aid to LOT (OJ 2021 C 260, p. 1).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Ryanair DAC and Ryanair Sun S.A. to bear their own costs and to pay those incurred by the European Commission;

3.Orders the Republic of Poland and Polskie Linie Lotnicze ‘LOT’ S.A. to bear their own costs.

(1)

OJ C 338, 23.8.2021.

ELI: http://data.europa.eu/eli/C/2025/2852/oj

ISSN 1977-091X (electronic edition)

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