Judgment of the General Court of 5 February 2015 — Aer Lingus v Commission
(Case T-473/12) 1
(State aid — Irish tax on air passengers — Lower rate for destinations no more than 300 km from Dublin — Decision declaring the aid incompatible with the internal market and ordering its recovery — Advantage — Selective nature — Identification of the beneficiaries of the aid — Article 14 of Regulation (EC) No 659/1999 — Obligation to state reasons)
Language of the case: English
Parties
Applicant: Aer Lingus Ltd (Dublin, Ireland) (represented by: K. Bacon, D. Scannell, D. Bailey, Barristers, and A. Burnside, Solicitor)
Defendant: European Commission (represented by: L. Flynn, D. Grespan and T. Maxian Rusche, acting as Agents)
Intervener in support of the defendant: Ireland (represented by: E. Creedon, A. Joyce and J. Quaney, acting as Agents, assisted by E. Regan SC, and B. Doherty, Barrister)
Re:
Application for annulment of Commission Decision 2013/199/EU of 25 July 2012 on State aid Case SA.29064 (11/C, ex 11/NN) — Differentiated air travel tax rates implemented by Ireland (OJ 2013 L 119, p. 30).
Operative part of the judgment
The Court:
Annuls Article 4 of Commission Decision 2013/199/EU of 25 July 2012 on State aid Case SA.29064 (11/C, ex 11/NN) — Differentiated air travel tax rates implemented by Ireland, in so far as it orders the recovery of the aid from the beneficiaries for an amount which is set at EUR 8 per passenger in recital 70 of that decision;
Dismisses the action as to the remainder;
Orders the European Commission to pay its own costs, as well as half of the costs incurred by Aer Lingus Ltd;
Orders Aer Lingus to pay half of its own costs;
Orders Ireland to pay its own costs.
________________________1 OJ C 26, 26.1.2013.