Judgment of the General Court of 28 March 2012 - Ryanair v European Commission
(Case T-123/09)
(State aid - Loan granted to an airline company and capable of being counted as own capital - Decision declaring the aid incompatible with the common market - Sale of assets of an airline company - Decision finding no aid at the conclusion of the preliminary examination phase - Actions for annulment - Locus standi - Interested party - Admissibility - Serious difficulties - Jurisdiction - Duty to state reasons)
Language of the case: English
Parties
Applicant: Ryanair Ltd (Dublin, Ireland) (represented by: E. Vahida and I.-G. Metaxas-Maragkidis, lawyers)
Defendant: European Commission (represented by: L. Flynn, D. Grespan and E. Righini, Agents)
Interveners in support of the defendant: Italian Republic, (represented by: G. Palmieri and P. Gentili, lawyers); and Alitalia - Compagnia Aerea Italiana SpA (Fiumicino, Italy) (represented by: G.M. Roberti, G. Bellitti and I. Perego, lawyers)
Re:
Partial annulment of Commission Decision 2009/155/EC of 12 November 2008, concerning the loan of EUR 300 million granted by Italy to the airline company Alitalia (C 26/08 (ex NN 31/08)) (OJ 2009 L 52, p. 3), and the annulment of Commission Decision C(2008) 6745 final of 12 November 2008, concerning State Aid (N 510/2008, OJ 2009 C 46, p. 6) - Italy - Sale of the assets of Alitalia.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Ryanair Ltd to pay its own costs and those incurred by the European Commission and Alitalia - Compagnia Aerea Italiana SpA;
Orders the Italian Republic to bear its own costs.
____________1 - OJ C 141, 20.6.2009.