Court of Justice Finds Carpatair’s Action for Annulment of Commission Decision Granting State Aid to Wizzair inadmissible
Today, the Court of Justice (CJEU) delivered its judgment in three joined cases seeking to set aside the judgment of the General Court (GC) of 8 February 2023 in Carpatair v Commission (T‑522/20). (Joined Cases C-244/23 P, C-245/23 P, C-246/23 P).
In the contested judgment, the GC annulled Article 2 of Commission Decision (EU) 2021/1428 of 24 February 2020 on the State aid implemented by Romania for Timișoara International Airport, in so far as it concluded that the airport charges in the Aeronautical Information Publication (AIP) of 2010 and the agreements concluded between AITTV and Wizz Air during 2008 did not constitute state aid.
The GC considered that Carpatair was directly and individually concerned by the contested decision and agreements, thus establishing its legal standing to challenge the decision. In today’s judgment, the CJEU has ruled that the GC failed to substantiate its finding that Carpatair was individually concerned by the 2008 and 2010 agreements, as it did not adequately address key arguments and evidence. Consequently, the CJEU concluded that Carpatair lacked standing to annul the decision and set aside the GC’s judgment.
For more information, see the CJEU’s judgment.