Judgment of the Court of Justice of the EU in the case P Ryanair v Commission (C-287/12) on State aid
On 13 June 2013, Aindrias Ó Caoimh, Judge at the Court of Justice of the EU, read the judgment in the case C-287/12 P Ryanair v Commission on State aid.
In 2008, the Italian State granted a loan of €300 million to the air transport company Alitalia and gave it also the option of counting that amount as part of its own capital. Alitalia, then in a situation of insolvency, was placed under extraordinary administration and a bank was appointed as independent expert, responsible for verifying that its assets would be sold at a price in line with the market price. The bid tendered by the Compagnia Aerea Italiana (‘CAI’) for the purchase of certain Alitalia assets, in response to the call for declarations of interest published for that purpose, was sent by the Italian authorities to the Commission.
The Commission initiated a formal investigation procedure in connection with the loan and the option of counting the amount thereof as part of Alitalia’s own capital.
By its judgment of 20125, the General Court dismissed Ryanair’s action and thereby upheld the Commission decisions holding the loan granted by Italy to Alitalia to be unlawful and permitting the sale of its assets.
By its judgment, the Court of Justice rejects all the arguments raised by Ryanair against the judgment of the General Court.
The Court of Justice confirms the General Court’s judgment upholding the Commission decisions holding the Italian State’s loan to Alitalia to be unlawful, but permitting the sale of its assets. SHOTLISTLINK
Type: Report Reference: I-079191 Date: 13/06/2013 Duration: 01:27Personalities: Aindrias Ó CaoimhLocation:Luxembourg [town] - Court of Justice of the EU Languages:ORIGINAL,