Appeal: The Court of Justice applies its Athinaïki Techniki case law and rules on conditions governing the obligation of the Commission to adopt a position (Ryanair)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a judgment of 29 September 2011, Ryanair v Commission (T-442/07), the Court of First Instance allowed in part an action for failure to act brought by Ryanair against the Commission. It held that the Commission had failed to fulfil its obligations by failing to adopt a decision on several measures taken by the Italian Republic in favour of Alitalia. The Commission has brought an appeal for partial annulment of the judgment of the Court of First Instance. It criticised the judgment in so far as it found that it had failed to fulfil its obligations by failing to