Ryanair and Malta Air v Commission

Action brought on 20 April 2021 – Ryanair and Malta Air v Commission(Case T-216/21)Language of the case: English Parties Applicants: Ryanair DAC (Swords, Ireland) and Malta Air ltd. (Pietà, Malta)(represented by:F-C. Laprévote, E. Vahida, V. Blanc, S. Rating and I. Metaxas-Maranghidis, lawyers)Defendant: European Commission Form of order sought The applicants claim that the Court should:annul the defendant’s decision of 4 May 2020 on State aid SA.57082 (2020/N) – France – COVID-19 - Cadre temporaire 107(3)(b) TFEU – Garantie et prêt d’actionnaire au bénéfice d’Air France 1 ; andorder the defendant to pay the costs. The applicants have also requested that their action be determined under the expedited procedure as referred to in Article 23 a of the Statute of the Court of Justice. Pleas in law and main arguments In support of the action, the applicants rely on five pleas in law. First plea in law, alleging that the defendant wrongly excluded KLM and Air France-KLM from the scope of the contested decision. Second plea in law, alleging that the defendant misused its powers and misapplied Article 107(3) (b) TFEU and its Temporary Framework, by (i) finding that the aid addresses a serious disturbance in the French economy; (ii) failing to properly assess whether the beneficiary was in financial difficulties; (iii) finding that the Shareholder Loan was compatible with the then applicable Temporary Framework and reviewing it as a debt measure instead of equity; and (iv) by...