“The General Court has ruled against Ryanair’s appeal to annul the European Commission’s decision,” stated the Court of Justice of the EU in a press release.
According to the ruling released today, “the Commission demonstrated that TAP was eligible to receive restructuring aid” and correctly assessed that the measure served a common interest and was necessary, appropriate, and proportionate.
Additionally, “the General Court dismisses Ryanair’s claims that the Commission failed to demonstrate that the restructuring plan was realistic, coherent, sufficiently comprehensive, and capable of restoring TAP’s long-term viability, thus no breach of guidelines occurred.”
Furthermore, “the Commission cannot be accused of conducting an incomplete analysis of the aid measure’s negative effects,” since “the principles of non-discrimination, freedom to provide services, and freedom of establishment were not violated.”
This case involves the European Commission’s approval on December 21, 2021, of TAP’s restructuring plan and state aid of 2.55 billion euros aimed at restoring the group’s viability, while imposing commitments to prevent harm to European competition.
Among the remedies imposed by Brussels for approving the restructuring plan is the requirement for the airline to make up to 18 slots available daily at Lisbon airport, separate activities between TAP Air Portugal and Portugália, and divest non-core assets such as subsidiaries in maintenance, catering, and ground handling activities.
