Orders nº T-442/07 of Court of First Instance of the European Communities, September 14, 2009

• Resolution Date: September 14, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-442/07

(Intervention – Interest in the result of the case)

In Case T‑442/07,

Ryanair Ltd, established in Dublin (Ireland), represented by E. Vahida, lawyer,

applicant,

v

Commission of the European Communities, represented by E. Righini and S. Noë, acting as Agents,

defendant,

ACTION for a declaration of failure of the Commission to act in that it unlawfully failed to define its position on the applicant’s complaints concerning, principally, aid allegedly granted by the Italian Republic to Alitalia, Air One and Meridiana and, secondly, alleged discrimination under Community competition law,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Sixth Chamber),

composed of A.W.H. Meij, President, V. Vadapalas (Rapporteur) and L. Truchot, Judges,

Registrar: E. Coulon,

makes the following

Order

Procedure

1 By application lodged at the Court Registry on 30 November 2007, the applicant, Ryanair Ltd, brought an action seeking a declaration of failure of the Commission of the European Communities to act in that it had unlawfully failed to define its position on the applicant’s complaints concerning, on the one hand, aid allegedly granted by the Italian Republic in the form of various kinds of advantageous measures applied in favour of the abovementioned companies and, on the other, alleged discrimination under Community competition law.

2 By document lodged at the Court Registry on 25 March 2008, Air One SpA, an undertaking established in Chieti (Italy), sought leave to intervene in the present action in partial support of the form of order sought by the Commission.

3 That application to intervene was notified to the parties in accordance with Article 116(1) of the Rules of Procedure of the Court. By documents lodged at the Court Registry on 13 May 2008 and 29 April 2008 respectively, the applicant and the Commission raised objections to that application.

Law

Arguments of the parties

4 Air One submits that, in the light of the notice published in the Official Journal of the European Union on 9 February 2008 (OJ 2008 C 37, p. 28), which sets out the pleas in law and main arguments of the applicant in the present case, it is entitled to intervene in support of the form of order sought by the Commission. The application, it submits, refers to it by name as one of the airline companies which allegedly received State aid from the Italian Republic.

5 In that regard, Air One submits that the alleged beneficiary of State aid in respect of which the...