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Case T-737/20: Judgment of the General Court of 18 October 2023 — Ryanair v Commission (airBaltic; COVID-19) (State aid — Latvian air transport market — Aid granted by Latvia to airBaltic in the context of the COVID-19 pandemic — Recapitalisation — Decision not to raise any objections — Action for annulment — Locus standi — Admissibility — Temporary Framework for State aid measures — Measure intended to remedy a serious disturbance in the economy of a Member State — Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition — Identification of the relevant market — Significant market power — Equal treatment — Freedom of establishment — Freedom to provide services — Obligation to state reasons)
ECLI:EU:UNKNOWN:62020TA0737
62020TA0737
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Official Journal of the European Union
Series C
C/2023/1136
4.12.2023
(Case T-737/20) (*)
(State aid - Latvian air transport market - Aid granted by Latvia to airBaltic in the context of the COVID-19 pandemic - Recapitalisation - Decision not to raise any objections - Action for annulment - Locus standi - Admissibility - Temporary Framework for State aid measures - Measure intended to remedy a serious disturbance in the economy of a Member State - Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition - Identification of the relevant market - Significant market power - Equal treatment - Freedom of establishment - Freedom to provide services - Obligation to state reasons)
(C/2023/1136)
Language of the case: English
Parties
Applicant: Ryanair DAC (Swords, 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, C. Georgieva and S. Noë, acting as Agents)
Interveners in support of the defendants: Republic of Latvia (represented by K. Pommere and J. Davidoviča, acting as Agents), Air Baltic Corporation AS (Riga, Latvia) (represented by J. Ysewyn, lawyer)
Re:
By its action based on Article 263 TFEU, the applicant seeks annulment of Commission Decision C (2020) 4665 final of 3 July 2020 on State aid SA.56943 (2020/N) — Latvia — COVID-19: Recapitalisation of airBaltic.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Ryanair DAC to bear its own costs and to pay those incurred by the European Commission and Air Baltic Corporation AS.
3.Orders the Republic of Latvia to bear its own costs.
(*) Language of the case: English.
ELI: http://data.europa.eu/eli/C/2023/1136/oj
ISSN 1977-091X (electronic edition)
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