Judgment of the Court of Justice Fourth Chamber, 28 September 2023, Ryanair v Commission, C-321/21 P

• Date: 28 September 2023
• Year: 2023

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VI. COMPETITION: STATE AID

Judgment of the Court of Justice (Fourth Chamber), 28 September 2023, Rya nair v

Commission, C-320/21 P

Link to the full text of the judgment

Appeal – State aid – Article 107(2)(b) TFEU – Swedish air transport market – Aid granted by the Kingdom of

Sweden to an airline amid the COVID-19 pandemic – Temporary Framework for State aid measures –

State guarantee o n a revolving credit facility – Decision by the European Commission not to raise

objections – Aid intended to make good the damage suffered by a single victim – Principles of

proportionality and non-discrimination – Freedom of establishment and freedom to provide services

Judgment of the Court of Justice (Fourth Chamber), 28 September 2023, Ryanair v

Commission, C-321/21 P

Link to the full text of the judgment

Appeal – State aid – Article 107(2)(b) TFEU – Danish air transport market – Aid granted by the Kingdom of

Denmark to an airline amid the COVID-19 pandemic – Temporary Framework for State aid measures –

State guarantee o n a revolving credit facility – Decision by the European Commission not to raise

objections – Aid intended to make good the damage suffered by a single victim – Principles of

proportionality and non-discrimination – Freedom of establishment and freedom to provide services

In April 2020 the Kingdom of Denmark and the Kingdom of Sweden notified the European

Commission of two separate aid measures for SAS AB, each involving a guarantee on a revolving

credit facility of up to 1.5 billion Swedish kronor (SEK) (‘the measures at issue’). Those measures were

intended to compensate SAS in part for the damage resulting from the cancellation or rescheduling of

its flights after the imposition of travel restrictions amid the COVID-19 pandemic.

The notification of the Swedish aid measure immediately followed the Commission’s approval, under

Article 107(3)(b) TFEU,

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of a Swedish loan guarantee scheme to support certain airlines amid the

COVID-19 pandemic.

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In that respect, Sweden had confirmed that SAS, which was experiencing

difficulties in obtaining loans from credit institutions under the Swedish loan guarantee scheme,

would benefit either from aid under that scheme or from the new notified guarantee, but not from

both measures at the same time.

By decisions of 15 April 2020

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and of 24 April 2020,

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the Commission classified the measures at

issue as State aid that was compatible with the internal market pursuant to Article 107(2)(b) TFEU. In

accordance with that provision, aid to make good the damage caused by natural disasters or

exceptional occurrences is compatible with the internal market.

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Under that provision, aid to promote the execution of an important project of common European interest or to remed y a serious

disturbance in the economy of a Member State may be declared compatible with the internal market.

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Decision C(2020) 2366 final on State aid SA.56812 (2020/N) – Sweden – COV ID-19: Loan guarantee scheme to airlines (OJ 2020 C 269, p. 1).

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Commission Decision C(2020) 2416 fi nal of 15 April 2020 on State aid SA.56795 (2020/N) – Denmark – Compensation for the damage caused

by the COVID-19 outbreak to Scandinavian Airlines (OJ 2020 C 220, p. 7).

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Commission Decision C(2020) 2784 final of 24 April 2020 on State aid SA.57061 (2020/N ) – Sweden – Compensation for the damage caused

by the COVID-19 outbreak to Scandinavian Airlines (OJ 2020 C 220, p. 9).