La legitimidad del fondo de apoyo a la solvencia de empresas estratégicas para la economía española en tiempos de covid-19. La sentencia del Tribunal general Ryanair dac/Comisión

In the Judgment of 19th of May 2021, in Case T-628/20, the General Court recognizes the legitimacy of the European Commission’s decision concerning a Spanish aid scheme, established in 2020, in order to support viable undertakings, considered systemic or strategic for the national economy. The aid scheme is justified taking into account the sanitary, social and economic emergency due to the impact of the COVID 19 pandemic. This paper analyzes the Judgment and deals with the interpretation given to the concept of “aid scheme”, on one side, and on the other with the interpretations of the derogation laid down in Article 107(3)(b) TFEU and of the “Temporary Framework for State aid”. It is of interest to examine the reasons for which the General Court considers the Spanish recapitalization measures justified, even though the beneficiaries must be established in Spain and have their principal places of business in its territory. Therefore, according to the General Court, the aid does not infringe the principle of non-discrimination on grounds of nationality.