CASE COMMENTS : STATE AID – APPEAL – PRELIMINARY EXAMINATION – NO STATE AID – ACTION FOR ANNULMENT – SERIOUS DIFFICULTIES

Absence of State aid: The Court of Justice applies its Kronoply case law and confirms that the Commission has the power to adopt a decision whereby, while finding the absence of State aid after a preliminary examination, it takes note of commitments entered into by the Member State (Ryanair)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By an action brought before the Court of First Instance, Ryanair had contested two decisions taken by the Commission concerning Italian measures relating to the airline Alitalia. The first Commission decision, adopted on 12 November 2008 following a formal procedure, declared that a loan of EUR 300 million granted to Alitalia constituted illegal and incompatible State aid and ordered its recovery. The second Commission decision, adopted on the same day at the end of the preliminary investigation phase, declared that the notified measure, consisting of a sale of Alitalia's assets, did not grant State aid to the purchasers, subject to compliance with the

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  • General Court of the European Union (Luxembourg)

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Jérôme Gstalter, Absence of State aid: The Court of Justice applies its Kronoply case law and confirms that the Commission has the power to adopt a decision whereby, while finding the absence of State aid after a preliminary examination, it takes note of commitments entered into by the Member State (Ryanair), 13 June 2013, Concurrences N° 3-2013, Art. N° 54113, p. 132

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