The General Court of the European Union (EU) rejected this Wednesday, 10th, the appeal filed by the low-cost airline Ryanair for considering that TAP was “eligible” for state restructuring aid of 2.55 billion euros.
“Ryanair asked the General Court to annul this latest Commission decision”, but “the General Court dismisses the appeal brought by Ryanair”, announces in a statement the first instance of the EU Court of Justice.
Specifically, according to the ruling released today, “the Commission demonstrated that TAP was eligible to benefit from restructuring aid” and also “correctly assessed that the measure responded to an objective of common interest and that it was necessary, appropriate and proportionate”.
At the same time, “the General Court also rejects Ryanair’s allegations that the Commission did not demonstrate that the restructuring plan was realistic, coherent, sufficiently broad and capable of reestablishing TAP’s long-term viability, therefore not violating the guidelines”, it adds.
Furthermore, “the Commission cannot be accused of having carried out an incomplete analysis of the negative effects of the aid measure”, since “the principles of non-discrimination, freedom to provide services and freedom of establishment were not violated”.
At issue is the approval given by the European Commission, on December 21, 2021, to TAP’s restructuring plan and the state aid of 2,550 million euros to allow the group to return to viability, imposing commitments to do so so as not to harm European competition.
Among the remedies imposed by Brussels to approve the restructuring plan is the airline’s obligation to make up to 18 ‘slots’ available per day at Lisbon airport, the division of activities between those of TAP Air Portugal and Portugália and the sale of non-essential assets such as branches in adjacent maintenance and restoration and ground assistance activities.