Wednesday 10th May 2023
General Court
Judgment in Joined Cases T-34/21 Ryanair v Commission (Lufthansa; Covid-19) & T-87/21 Condor Flugdienst v Commission (Lufthansa; Covid-19)
(State aid)
On 12 June 2020, the Federal Republic of Germany notified the European Commission of individual aid in the form of a recapitalisation of € 6 billion granted to Deutsche Lufthansa AG. This recapitalisation, which was part of a wider support package for the Lufthansa group, was aimed at restoring the balance sheet position and liquidity of the Lufthansa group companies in the exceptional situation caused by the COVID-19 pandemic.
The measure in question consisted of three separate elements, namely a capital participation of approximately € 300 million, a silent participation not convertible into shares of approximately € 4.7 billion and a silent participation of € 1 billion with the characteristics of a convertible bond.
Without opening the formal investigation procedure under Article 108(2) TFEU, the Commission qualified the measure as State aid compatible with the internal market under Article 107(3)(b) TFEU and its Communication on the temporary framework for State aid measures to support the economy in the present context of the COVID-19.
The airlines Ryanair DAC and Condor Flugdienst GmbH brought two actions for annulment of that decision.
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