Judgment of the Court (Tenth Chamber) of 29 June 2023.#TUIfly GmbH v European Commission.#Appeal – State aid – Measures put into effect by the Republic of Austria for Klagenfurt airport, Ryanair and other airlines using that airport – Decision declaring the aid measures partially incompatible with the internal market – Article 107(1) TFEU – Private investor in a market economy – Ex ante incremental profitability analysis – Long-term profitability of the airport – Applicability – Article 107(3)(c) TFEU – Aid to facilitate the development of certain economic activities or of certain economic areas – Relevant assessment criterion for determining compatibility with the internal market – Profitability of the new air routes.#Case C-763/21 P.