The Court of Justice of the European Union has set aside a 2024 General Court ruling that annulled the European Commission’s approval of €321 million in German restructuring aid for Condor. Deciding the case itself, the Court dismissed Ryanair’s challenge to the approval in full. The 5 November judgment concerns the Commission’s 2021 decision to support Condor after the insolvency of former parent Thomas Cook and the effects of the COVID-19 pandemic.
The Commission approved the aid on 26 July 2021. Ryanair challenged that decision, and the General Court annulled the approval in May 2024. Condor appealed. In case C-505/24 P, the Court of Justice found that the General Court had erred in concluding that the Commission failed to assess whether the aid included adequate burden sharing.
The Court nevertheless confirmed that the burden-sharing requirement may apply to aid involving debt write-offs. It also rejected Ryanair’s other grounds of challenge, leaving the Commission’s 2021 approval in place.
The ruling is separate from a subsequent aid decision. After the General Court’s 2024 judgment, the Commission opened an in-depth investigation and approved €321.2 million in aid again on 28 April 2025. Ryanair has also challenged that later decision; proceedings remain pending. The Court’s judgment does not address the current repayment status of the aid.