Judgment of the General Court of 25 November 2014 — Ryanair v Commission
(Case T-512/11) 1
(State aid — Aviation sector — Irish air travel tax — Exemption for transit and transfer passengers — Decision finding no State aid — Failure to open the formal investigation procedure — Serious difficulties — Procedural rights of parties concerned)
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 T. Maxian Rusche, acting as Agents)
Interveners in support of the defendant: Federal Republic of Germany (represented by: T. Henze and K. Petersen, acting as Agents); and Ireland (represented by: E. Creedon, A. Joyce and E. Mc Phillips, acting as Agents, assisted by E. Regan SC)
Re:
Application for annulment in part of Commission Decision C(2011) 4932 final of 13 July 2011 in so far as it finds that the non-application of the Irish air travel tax to transit and transfer passengers does not constitute State aid within the meaning of Article 107(1) TFEU (State aid SA.29064 (2011C ex 2011/NN)).
Operative part of the judgment
The Court:
Annuls Commission Decision C(2011) 4932 final of 13 July 2011 in so far as it finds that the non-application of the Irish air travel tax to transit and transfer passengers does not constitute State aid within the meaning of Article 107(1) TFEU (State aid SA.29064 (2011C ex 2011/NN));
Orders the European Commission to bear its own costs and to pay those incurred by Ryanair Ltd;
Orders the Federal Republic of Germany and Ireland to bear their own costs.
________________________1 OJ C 347, 26.11.2011.