EU Judgment in Cases C-320/21 P Ryanair v Commission and C-321/21 P Ryanair v Commission

Thursday 28th September 2022

Judgment in Cases C-320/21 P Ryanair v Commission and C-321/21 P Ryanair v Commission

(State Aid)

In April 2020 Denmark and Sweden notified the Commission of two separate aid measures for SAS AB, each involving a guarantee on a revolving credit facility of up to

1.5 billion Swedish kronor (SEK). Those measures were intended to compensate SAS in part for the damage resulting from the cancellation or rescheduling of its flights after the imposition of travel restrictions amid the Covid-19 pandemic.

By decisions of 15 April 2020 2 and of 24 April 2020, 3 the Commission classified the notified measures as State aid that was compatible with the internal market.

In accordance with that provision, aid to make good the damage caused by natural disasters or exceptional occurrences is to be compatible with the internal market.

The airline Ryanair brought actions for annulment of those decisions, which were, however, dismissed by the Tenth Chamber (Extended Composition) of the General Court of the European Union. In that respect, the General Court confirmed for the first time the legality of individual aid measures adopted in order to address the consequences of the Covid-19 pandemic.

Ryanair appealed both judgments.

Background Documents C-320/21 P

Background Documents C-321/21 P