7.2.2009   

EN

Official Journal of the European Union

C 32/42


Action brought on 14 November 2008 — Ryanair/Commission

(Case T-497/08)

(2009/C 32/81)

Language of the case: English

Parties

Applicant: Ryanair Ltd (Dublin, Ireland) (represented by: E. Vahida, I. Metaxas-Maragkidis, lawyers)

Defendant: Commission of the European Communities

Form of order sought

declare in accordance with Articles 230 and 231 EC that the Commission's implied decision refusing access to the documents for which access was requested by the applicant in an application dated 25 June 2008 is void;

order the Commission to pay the costs incurred by the applicant in the proceedings; and

take such further action as the Court may deem appropriate.

Pleas in law and main arguments

By means of this application the applicant seeks annulment of the Commission implied decision rejecting the applicant's request, pursuant to Regulation No 1049/2001 (1), of the access to documents relating to State aid procedures concerning the presumed State aid granted through an agreement with the operator of Frankfurt Hahn airport.

The pleas in law and main arguments relied on by the applicant are similar to those relied on in Case T-494/08 Ryanair v Commission.


(1)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ 2001 L 145, p. 43.