The decision of the EU Commission concerning alleged subsidies granted to Ryanair Ltd. at the Brussels South Charleroi Airport was revoked by the Court of First Instance. The case must be regarded a landmark case since Ryanair has been known as one of the pioneer low-cost carriers in Europe. The EU Commission had used the case to consider in principle and in general terms the legal issues of aid granted to low-cost carriers with a focus on the issue of correct application of the private investor principle in a case of State aid granted directly and indirectly by a public body. While the EU Commission was – although confronted with difficulties – trying to find a clear distinction, the Court took a different approach and concentrated its judicial review on the approach to the test rather than on its substantive outcome.
Air and Space Law