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22.6.2015   

EN

Official Journal of the European Union

C 205/19

Appeal brought on 9 April 2015 by European Commission against the judgment of the General Court (Ninth Chamber) delivered on 5 February 2015 in Case T-473/12: Aer Lingus Ltd. v European Commission

(Case C-164/15 P)

(2015/C 205/27)

Language of the case: English

Parties

Appellant: European Commission (represented by: L. Flynn, D. Grespan, T. Maxian Rusche, B. Stromsky, Agents)

Other parties to the proceedings: Aer Lingus Ltd., Ireland

Form of order sought

The appellant claims that the Court should:

—

set aside the judgment of the General Court (Ninth Chamber) of 5 February 2015 in Case T-473/12 Aer Lingus v Commission in so far as it held that Commission Decision 2013/199/EU of 25 July 2012 on State aid SA.29064 (11/C, ex 11/NN) — Differentiated air travel tax rates implemented by Ireland (1) was annulled in so far as that decision orders the recovery of the aid from the beneficiaries for an amount which is set at EUR 8 per passenger in recital 70 of that decision; and

—

reject the application to annul Commission Decision 2013/199/EU of 25 July 2012 on State aid SA.29064 (11/C, ex 11/NN) — Differentiated air travel tax rates implemented by Ireland;

—

order the applicant at first instance to pay the costs;

alternatively,

—

refer back the case to the General Court for reconsideration;

—

reserve the costs of the proceedings at first instance and on appeal.

Pleas in law and main arguments

In support of its appeal, the appellant puts forward a single ground of appeal.

The appellant claims that by creating a new economic test to be applied when determining the amounts to be recovered from beneficiaries of State aid consisting of a tax measure fixing a lower rate by reference to a standard rate, the General Court violated Article 108(3) TFEU and Article 14 of Regulation 659/1999 (2).

(1)  OJ L 119, p. 30.

(2)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, OJ L 83, p. 1.