Action brought on 27 November 2023 – Ryanair and Airport Marketing Services v Commission

(Case T-1118/23)

Language of the case: English

Parties

Applicants: Ryanair DAC (Swords, Ireland), Airport Marketing Services Ltd (Dublin, Ireland) (represented by: E. Vahida and S. Rating, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

annul the European Commission decision (EU) 2023/1683 of 26 July 2022 on State aid SA.26494 2012/C (ex 2012/NN) implemented by France in favour of the operator of La Rochelle airport and certain airlines operating at that airport (OJ 2023, L 217, p.5) insofar as it concerns the applicants; and

order the European Commission to pay the costs.

Pleas in law and main arguments

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

First plea in law, alleging a violation of Article 41 of the EU Charter of Fundamental Rights, the principle of good administration and the applicants’ rights as adversely affected persons, to be heard and to have access to the file.

Second plea in law, alleging an error of the Commission in considering the applicants as indirect beneficiaries of aid to the airport.

Third plea in law, alleging the Commission’s failure to assess, in an overall and concrete manner, whether the airport had sought to acquire the marketing services concerned under normal market conditions.

Fourth plea in law, alleging an error of the Commission in rejecting the comparator analysis.

Fifth plea in law, alleging the Commission’s flawed incremental profitability analysis.

Sixth plea in law, alleging a violation of Article 107(1) TFEU because the Commission erroneously imputed the conclusion of the airport services agreements and marketing services agreements to the State.

Seventh plea in law, alleging the Commission’s failure to examine the selective nature of several agreements.

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