Comunicazioni sulla GU nº T-378/20 of Tribunal General de la Unión Europea, July 17, 2020
Resolution Date | July 17, 2020 |
Issuing Organization | Tribunal General de la Unión Europea |
Decision Number | T-378/20 |
Ricorso proposto il 19 giugno 2020 - Ryanair / Commissione
(Causa T-378/20)
Lingua processuale: l’inglese
Parti
Ricorrente: Ryanair DAC (Swords, Irlanda) (rappresentanti: E. Vahida, F. Laprévote, S. Rating e I. Metaxas-Maranghidis, avvocati)
Convenuta: Commissione europea
Conclusioni
La ricorrente chiede che il Tribunale voglia:
annullare la decisione (UE) della Commissione europea del 15 aprile 2020 relativa all’aiuto di Stato SA.567951 ; e
condannare la Commissione alle spese.
Motivi e principali argomenti
A sostegno del ricorso, la ricorrente deduce cinque motivi.
Primo motivo, vertente sul fatto che la Commissione avrebbe violato il requisito normativo secondo il quale gli aiuti autorizzati ai sensi dell’articolo 107, paragrafo 2, lettera b), TFUE devono ovviare ai danni arrecati da eventi eccezionali e non solamente ai danni subiti da una vittima di tali eventi.
Secondo motivo, vertente su un errore manifesto di valutazione in cui sarebbe incorsa la Commissione nel suo esame della proporzionalità dell’aiuto rispetto ai danni causati dalla crisi della COVID-19.
Terzo motivo, vertente sul fatto che la Commissione avrebbe violato disposizioni specifiche del TFUE e i principi generali del diritto europeo riguardanti il divieto di discriminazione, la libera prestazione di servizi e la libertà di stabilimento, sui quali poggia la liberalizzazione del trasporto aereo nell’Unione sin dalla fine degli anni 80 del secolo scorso. La liberalizzazione del mercato del trasporto aereo nell’Unione ha consentito la crescita di linee aeree a basso costo veramente paneuropee. Autorizzando la Danimarca a riservare l’aiuto alla sola SAS, la Commissione avrebbe ignorato i danni causati dalla crisi della COVID-19 a...
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