Introduction Selectivity is a tricky issue. Even a measure that appears not to favour or exclude any undertaking may in practice prove to be selective if its effects favour certain undertakings over others that are in a comparable situation. In order to determine whether they are comparable it necessary to examine the objective of the measure. This is what the General Court ruled on 8 February 2023 in case T522/20, Carpatair v European Commission. Carpatair, a budget airline based in Romania, sought the annulment of Commission decision 2021/1428 on State aid granted by Romania to Timișoara International Airport and Wizz Air, a Hungarian budget airline. In its decision, the Commission found the following: Public financing for improvement of the airport was compatible State aid.
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The EU General Court partly overturns the Commission’s decision with its ruling on the selectivity and profitability of agreements between airports and airlines (Carpatair)
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