The EU General Court surprisingly agrees to a reduction of the recoverable amount of an aid according to the amount allegedly passed on to consumers (Aer Lingus / Ryanair)

Should State Aid that Is Passed on to Consumers Not be Recovered?* Should the amount of recoverable aid be similarly reduced by the amount that is allegedly passed on to consumers? I will argue the case against it. Introduction On 5 February 2015, the General Court, in cases T-473/12, Aer Lingus v Commission and T-500/12, Ryanair v Commission, annulled Article 4 of Commission Decision 2013/199. In that decision the Commission found that a lower tax on air travel in Ireland that applied to flights that were essentially domestic was State aid. The Commission concluded that the aid was incompatible with the internal market and had to be recovered. The amount that had to be recovered was the difference between the lower and the standard rate of tax on all other flights from Ireland

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Phedon Nicolaides, The EU General Court surprisingly agrees to a reduction of the recoverable amount of an aid according to the amount allegedly passed on to consumers (Aer Lingus / Ryanair), 5 February 2015, e-Competitions Bulletin February 2015, Art. N° 77175

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