In a ruling handed down on Thursday 28 September (cases C-320/21 P and C-321/21 P), the Court of Justice of the European Union definitively dismissed Ryanair’s appeal concerning the loan guarantees put in place by Sweden and Denmark in April 2020 to compensate Scandinavian Airlines (SAS) for travel restrictions imposed in the context of the Covid-19 pandemic (see EUROPE 12467/15).
In April 2021, the General Court of the EU had already dismissed Ryanair’s appeal against the European Commission’s decisions (C(2020)2416 and C(2020)2784) finding that the disputed public aid complied with EU state aid rules (cases T-378/20 and T-379/20) (see EUROPE 12698/28). Since it has a significantly higher market share than its nearest competitor in Denmark and Sweden, SAS was more affected by the restrictions relating to the Covid-19 pandemic; the aid did not, therefore, constitute unlawful discrimination, the court ruled.
On appeal, the Court rejected all the arguments put forward by the Irish low-cost airline, confirming in particular that the aid that was the subject of the dispute could be limited to the Scandinavian airline.
To see the Court’s ruling, go to https://aeur.eu/f/8rt (Original version in French by Mathieu Bion)