The European Court of Justice should reject Ryanair's appeal claiming that Sweden's state support for SAS during the corona pandemic was illegal.

This was written by the Advocate General of the European Court of Justice, Giovanni Pitruzzella, on Thursday in his proposal for a judgment in the court.

The Court of Justice of the European Union usually, but not always, follows the Advocates General's proposed rulings.

In April 2020, Sweden provided SAS with credit guarantees of up to SEK 1.5 billion as compensation for the travel restrictions introduced in connection with the corona pandemic.

The European Commission approved the state aid on April 24 of the same year on the grounds that it was compatible with EU state aid rules, which had been relaxed due to extraordinary circumstances, i.e. the pandemic.

Ryanair sued the Commission to have the decision overturned. 

The lower court of the European Court of Justice, the General Court, dismissed Ryanair's complaint on April 24, 2021. 

Ryanair then appealed to the higher court, also known as the Court of Justice of the European Union.

The Advocate General's proposal for a judgment comes before the decision in this higher instance.

The proposed ruling completely dismissed Ryanair's argument, on all six points raised by Ryanair.

Ryanair considered that the General Court had misapplied EU law in allowing aid to individual injured companies, in misinterpreting the facts, infringing the principle of non-discrimination, infringing the right to provide services, in failing to initiate a formal investigation, and in failing to state reasons.

”In the light of all the above considerations, I propose that the Court dismiss the appeal,” Advocate General Giovanni Pitruzzella concluded in his Opinion.

Source: Dagens Industri