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Case C-287/12 P: Judgment of the Court (Second Chamber) of 13 June 2013 — Ryanair Ltd v European Commission, Italian Republic, Alitalia — Compagnia Aerea Italiana SpA (Appeal — State aid — Loan granted by the Italian Republic to the airline company Alitalia — Decision declaring the aid unlawful and incompatible — Sale of assets of Alitalia — Decision finding no aid at the conclusion of the preliminary examination phase — Action for annulment — Locus standi — Interested party — Admissibility — Serious difficulties — Competence — Duty to state reasons)
ECLI:EU:UNKNOWN:62012CA0287
62012CA0287
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Official Journal of the European Union
C 225/36
(Case C-287/12 P) (<span class="super">1</span>)
(Appeal - State aid - Loan granted by the Italian Republic to the airline company Alitalia - Decision declaring the aid unlawful and incompatible - Sale of assets of Alitalia - Decision finding no aid at the conclusion of the preliminary examination phase - Action for annulment - Locus standi - Interested party - Admissibility - Serious difficulties - Competence - Duty to state reasons)
2013/C 225/61
Language of the case: English
Parties
Appellant: Ryanair Ltd (represented by: E. Vahida, avocat, and I.-G. Metaxas-Maragkidis, dikigoros,)
Other parties to the proceedings: European Commission (represented by: L. Flynn and D. Grespan), Italian Republic (represented by: G. Palmieri, Agent, assisted by P. Gentili, avvocato dello Stato), Alitalia — Compagnia Aerea Italiana SpA, (represented by: G. Bellitti, avvocato)
Re:
Appeal brought against the judgment of the General Court (Fifth Chamber) of 28 March 2012 in Case T-123/09 Ryanair v Commission, by which the General Court dismissed an action seeking, first, the annulment in part of Commission Decision C(2008) 6743 of 12 November 2008 on the loan of EUR 300 million granted by Italy to Alitalia (Aid No C 26/08) (ex NN 31/08) (OJ 2009 L 52, p. 3), in so far as that decision did not order the recovery of the aid from Alitalia’s successors, and, second, the annulment of Commission Decision C(2008) 6745 final of 12 November 2008 declaring that the procedure for selling off the assets of the Alitalia airline company, in the context of the extraordinary administrative procedure set to lead to the liquidation of that airline, does not constitute State aid, provided that the Italian authorities respect their commitments to ensure that the transactions will be carried out at the market price (Aid N 510/2008) (OJ 2009 C 46, p. 6)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Ryanair Ltd to bear, in addition to its own costs, the costs incurred by the European Commission and Alitalia — Compagnia Aerea Italiana SpA;
3.Orders the Italian Republic to bear its own costs
(<span class="super">1</span>) OJ C 303, 6.10.2012.