Action brought on 19 June 2021 – Ryanair v Commission

(Case T-340/21)

Language of the case: English

Parties

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

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul the defendant’s decision of 23 December 2020 on State aid SA.59462 (2020/N) – Greece – COVID-19: Damage compensation for Aegean Airlines ¹ ; and

order the defendant to pay the costs.

Pleas in law and main arguments

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

First plea in law, alleging that the defendant misapplied Article 107(2)(b) TFEU and committed a manifest error of assessment in its review of the proportionality of the aid to the damage caused by the COVID-19 crisis.

Second plea in law, alleging that the contested decision violates specific provisions of the TFEU, the general principles of European law that have underpinned the liberalisation of air transport in the EU since the late 1980s (i.e., non-discrimination, free provision of services and free establishment) and Regulation (EC) No 1008/2008 ² .

Third plea in law, alleging that the defendant failed to initiate a formal investigation procedure despite serious difficulties and violated the applicant’s procedural rights.

Fourth plea in law, alleging that the defendant violated its duty to state reasons.

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¹ OJ 2021 C 122, p. 15 and 16.

² Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (Text with EEA relevance) (OJ 2008 L 293, p. 3–20).