Any Room Left For Non-Discrimination On Grounds Of Nationality And The ‘Balancing Test’ In Crisis Aid? Ryanair v. Commission (Swedish And French Schemes; COVID-19)

On November 23, 2023, the Court of Justice (“ECJ”) delivered two important judgments in the Ryanair v. Commission cases concerning Ryanair’s challenge of two State aid schemes granted by France and Sweden to airlines holding “national operating licenses” during the COVID-19 pandemic.

Background

French Scheme. On March 31, 2020, the Commission decided not to raise objections to a €200.1 million French aid scheme providing a moratorium to airlines with a “French operating license” on the civil aviation tax and solidarity tax on airline tickets, declaring the measure compatible with Art. 107(2)(b) TFEU (i.e., “aid to compensate damage caused by an exceptional occurrence”).

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