EU Judgment in Case T-268/21 Ryanair v Commission

Wednesday 24th May 2023

General Court

Judgment in Case T-268/21 Ryanair v Commission (Italy, Aid Scheme, COVID-19)

(State Aid)

In October 2020, the Italian Republic notified the European Commission of an aid measure consisting of subsidies to certain Italian licensed airlines through a compensation fund of € 130 million. This measure was aimed at remedying the damage suffered by the eligible airlines as a result of travel restrictions and other containment measures taken in the context of the COVID-19 pandemic.

In accordance with the eligibility conditions laid down in the measure, only airlines applying a remuneration equal to or higher than the minimum remuneration set by the national collective agreement applicable to their employees whose base of assignment is in Italy and to employees of third companies involved in their activities were eligible for the measure.

Without opening the formal investigation procedure under Article 108(2) TFEU, the Commission decided not to raise objections to the measure at issue, on the grounds that it was compatible with the internal market.

An action for annulment was brought by the airline Ryanair.

Background Documents T-268/21