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Case T-628/20: Judgment of the General Court of 19 May 2021 — Ryanair v Commission (Spain; Covid-19) (State aid — Spain — Recapitalisation measures to support undertakings that are systemic and strategic for the Spanish economy in response to the COVID-19 pandemic — Decision not to raise any objections — Temporary Framework for State aid — Measure aimed at remedying a serious disturbance in the economy of a Member State — Measure aimed at the whole of the economy of a Member State — Principle of non-discrimination — Freedom to provide services and freedom of establishment — Proportionality — Criterion requiring that the beneficiaries of the aid are established in Spain — 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 — Concept of ‘aid scheme’ — Obligation to state reasons)
ECLI:EU:UNKNOWN:62020TA0628
62020TA0628
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5.7.2021
Official Journal of the European Union
C 263/22
(Case T-628/20) (*)
(State aid - Spain - Recapitalisation measures to support undertakings that are systemic and strategic for the Spanish economy in response to the COVID-19 pandemic - Decision not to raise any objections - Temporary Framework for State aid - Measure aimed at remedying a serious disturbance in the economy of a Member State - Measure aimed at the whole of the economy of a Member State - Principle of non-discrimination - Freedom to provide services and freedom of establishment - Proportionality - Criterion requiring that the beneficiaries of the aid are established in Spain - 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 - Concept of ‘aid scheme’ - Obligation to state reasons)
(2021/C 263/29)
Language of the case: English
Parties
Applicant: Ryanair DAC (Swords, Ireland) (represented by: F.C. Laprévote, E. Vahida, V. Blanc, I.G. Metaxas Maranghidis and S. Rating, lawyers)
Defendant: European Commission (represented by: L. Flynn, S. Noë and F. Tomat, acting as Agents)
Interveners in support of the defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz and S. Centeno Huerta, acting as Agents), French Republic (represented by: P. Dodeller and T. Stehelin, acting as Agents)
Re:
Application under Article 263 TFEU for annulment of Commission Decision C(2020) 5414 final of 31 July 2020 on State Aid SA.57659 (2020/N) — Spain — COVID-19 — Recapitalisation fund.
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;
3.Orders the Kingdom of Spain and the French Republic to bear their own costs.
(*) Language of the case: English.
(1) OJ C 414, 30.11.2020.
ECLI:EU:C:2021:140