Aviation sector: Ryanair challenges the Commission’s decision not to suspend or recover state aid granted to Lufthansa
Today, Ryanair’s action (Ryanair v Commission (Case T-629/24)) challenging a decision adopted by the European Commission (Commission) on 26 September 2024 regarding state aid granted to Lufthansa in the context of the COVID-19 pandemic (SA.57153) was published in the OJ. Ryanair claims that the Court should annul the Decision of 26 September 2024 replying to Ryanair’s letter of 5 September 2024 formally requesting the Commission to issue suspension and temporary recovery injunctions under Article 13(1) and (2) of the State aid Procedural Regulation (Procedural Regulation).
The main pleas in law brought forward by Ryanair concern:
- Misinterpretation of legal requirements – The Commission allegedly misapplied Article 13(1) and (2)(c) of the Procedural Regulation by failing to issue suspension and recovery injunctions.
- Margin of discretion – The Commission misinterpreted its discretion under these provisions.
- Failure to act on interim recovery injunctions – The Commission allegedly erred in rejecting Ryanair’s request for an interim recovery injunction.
- Violation of the duty to state reasons – The decision is alleged to lack proper reasoning, contrary to Article 296(2) TFEU.
For more information, read the official publication here.