General Court (Eighth Chamber) 7 February 2024, T-146/22 (Ryanair DAC v European Commission.)
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The General Court annulled Commission Decision C(2021) 5437 final, which had declared Dutch State aid to KLM compatible with the internal market, finding that the Commission committed a manifest error of assessment in identifying the aid's beneficiaries. The Court held that the Commission failed to account for the capital, organic, functional, and economic links within the Air France-KLM group, which indicated that the Air France-KLM holding and Air France were at least indirect beneficiaries of the measure. Consequently, the incorrect determination of the beneficiary vitiated the entire analysis of the aid's necessity and proportionality under Article 107(3)(b) TFEU.AI
European Union · · · Cited by 3 · 07-02-2024
JUDGMENT OF THE GENERAL COURT (Eighth Chamber) 7 February 2024 ( *1 ) (State aid – Aid granted by the Netherlands to KLM in the context of the COVID‑19 pandemic – State guarantee for a bank loan and a subordinated loan by the State – Decision declaring the aid compatible with the internal market – Action for annulment – Locus standi – Substantial adverse effect on the applicant’s position on the
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