Notices for publication in the OJ 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

Action brought on 19 June 2020 - Ryanair v Commission

(Case T-378/20)

Language of the case: English

Parties

Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F. Laprévote, S. Rating and I. Metaxas-Maranghidis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul the European Commission’s decision (EU) of 15 April 2020 on State aid SA.56795¹ ; and

order the European Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

First plea in law, alleging that the European Commission violated the legal requirement that aid authorised under Article 107(2)(b) TFEU shall make good the damage caused by exceptional occurrences and not only the damage suffered by one victim of such occurrences.

Second plea in law, alleging that the European Commission committed a manifest error of assessment in its review of the proportionality of the aid to the damage caused by the COVID-19 crisis.

Third plea in law, alleging that the European Commission violated specific provisions of the TFEU and the general principles of European law regarding the prohibition of discrimination, free provision of services and free establishment that have underpinned the liberalisation of air transport in the EU since the late 1980s. The liberalisation of the air transport market in the EU has allowed the growth of truly pan-European low-fares airlines. The European Commission ignored the damage caused by the COVID-19 crisis to such pan-European airlines and their role in the air connectivity of Denmark...