Judgment of the Court (Second Chamber) of 17 November 2022 – Volotea SA (C-331/20 P), easyJet Airline Co. Ltd (C-343/20 P) v European Commission
(Joined Cases C-331/20 P and C-343/20 P) 1
(Appeal – State aid – Article 107(1) TFEU – European Commission decision on compensation to Sardinian airports for public service obligations – Existence of unlawful State aid incompatible with the internal market, granted by the Italian Republic to airlines through airport operators – Concept of ‘State aid’ – Proof of the existence of an advantage – Determination of the amount – Market economy operator principle – Applicability and application – Test of the private acquirer of goods or services – Conditions – Burden of proof)
Language of the case: English
Parties
Appellants: Volotea SA (represented by M. Carpagnano, avvocato, and M. Nordmann, Rechtsanwalt), easyJet Airline Co. Ltd (represented by A. Manzaneque Valverde and J. Rivas Andrés, abogados)
Other party to the proceedings: European Commission (represented by D. Grespan, S. Noë, L. Armati and D. Recchia, acting as Agents)
Operative part of the judgment
The Court:
Sets aside the judgment of the General Court of the European Union of 13 May 2020, Volotea v Commission (T-607/17, EU:T:2020:180);
Sets aside the judgment of the General Court of the European Union of 13 May 2020, easyJet Airline v Commission (T-8/18, EU:T:2020:182), in so far as that court dismissed the action for annulment of easyJet Airline Co. Ltd as unfounded;
Annuls European Commission Decision (EU) 2017/1861 of 29 July 2016 on State aid SA33983 (2013/C) (ex 2012/NN) (ex 2011/N) – Italy – Compensation to Sardinian airports for public service obligations (SGEI), in so far as it concerns, first, Volotea SA, and, second, easyJet Airline Co. Ltd;
Orders the European Commission to pay the costs related to the proceedings at first instance and to the proceedings on appeal.
____________
1 OJ C 297, 7.9.2020.