C_2020287EN.01004602.xml

Action brought on 22 July 2020 — Ryanair v Commission

(Case T-465/20)

(2020/C 287/68)

Language of the case: English

Parties

Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F. Laprévote, S. Rating and I. Metaxas-Maranghidis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—	annul the European Commission’s decision (EU) of 10 June 2020 on State Aid SA.57369 (2020/N) COVID-19 — Portugal — Aid to TAP (1); and,

—	order the European Commission to pay the costs. The applicant has also requested that its action be determined under the expedited procedure as referred to in Article 23a of the Statute of the Court of Justice.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

1.	First plea in law, alleging that the contested decision does not establish that the aid falls within the material scope of the Rescue and Restructuring Guidelines (R&R Guidelines). (2)

2.	Second plea in law, alleging that the Commission misapplied Article 107(3)(c) TFEU.

3.	Third plea in law, alleging that the decision violates the principles of non-discrimination, free provision of services and free establishment.

4.	Fourth plea in law, alleging that the Commission failed to initiate a formal investigation procedure.

5.	Fifth plea in law, alleging that the decision violated the Commission’s duty to state reasons.

(1) European Commission Decision (EU) of 10 June 2020 on State Aid SA.57369 (2020/N) COVID-19 — Portugal — Aid to TAP (OJ 2020 C 228, p. 1)

(2) Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (OJ 2014, C 249, p. 1)