Judgment of the General Court of 29 September 2021 – TUIfly v Commission
(Case T-447/18) 1
(State aid – Agreements concluded by Kärntner Flughafen Betriebsgesellschaft with airlines Hapag Lloyd Express and TUIfly – Airport services – Marketing services – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Private investor test – Article 41 of the Charter of Fundamental Rights – Right of access to the file – Right to be heard)
Language of the case: German
Parties
Applicant: TUIfly GmbH (Langenhagen, Germany) (represented by: L. Giesberts and M. Gayger, lawyers)
Defendant: European Commission (represented by: K. Blanck, A. Bouchagiar and S. Noë, acting as Agents)
Re:
Application under Article 263 TFEU seeking partial annulment of Commission Decision (EU) 2018/628 of 11 November 2016 on State aid SA.24221(2011/C) (ex 2011/NN) implemented by Austria for the Klagenfurt airport, Ryanair and other airlines using the airport (OJ 2018 L 107, p. 1), in so far as it concerns the applicant.
Operative part of the judgment
The Court:
Dismisses the action;
Orders TUIfly GmbH to bear its own costs and to pay those incurred by the European Commission.
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1 OJ C 301, 27.8.2018.