Judgment_paragraph 49 · Ryanair DAC v European Commission (C-209/21 P)

49It is, admittedly, true that, according to the case-law of the Court of Justice, in reviewing the legality of acts under Article 263 TFEU, the Court of Justice and the General Court cannot under any circumstances substitute their own reasoning for that of the author of the contested act (see, to that effect, judgment of 6 October 2021, World Duty Free Group and Spain v Commission, C‑51/19 P and C‑64/19 P, EU:C:2021:793, paragraph 70 and the case-law cited). However, it should be noted that, in recital 43 of the decision at issue, the Commission refers to the fact that airlines which hold a Swedish licence have their principal place of business in Sweden and are subject there to regular monitoring of their financial situation. Accordingly, in paragraph 40 of the judgment under appeal, the General Court merely responded to the appellant’s line of argument referred to in paragraph 38 of that judgment, explained the reasoning of the decision at issue and, more specifically, drew some conclusions from the evidence set out therein, without, however, substituting the grounds of that decision.