Language of document :

Judgment of the Court (Third Chamber) of 15 March 2007 - British Airways plc v Commission of the European Communities, Virgin Atlantic Airways Ltd

(Case C-95/04 P) 1

(Appeals - Abuse of dominant position - Airline - Agreements with travel agents - Bonuses linked to growth in sales of that airline's tickets over a given period in comparison with a reference period - Bonuses granted not only for tickets sold once the sales target achieved, but for all tickets sold during the period in question)

Language of the case: English

Parties

Appellant: British Airways plc (represented by: R. Subiotto, solicitor, R. O'Donoghue, barrister, W. Wood QC)

Other parties to the proceedings: Commission of the European Communities (represented by: P. Oliver, A. Nijenhuis and M. Wilderspin, Agents), Virgin Atlantic Airways Ltd (represented by: J. Scott, solicitor, C. West, barrister, N. Green QC)

Re:

Appeal against the judgment of the Court of First Instance (First Chamber) of 17 December 2003 in Case T-219/99 British Airways v Commission dismissing as unfounded an application for annulment of the decision of the Commission of 14 July 1999 relating to a proceeding under Article 82 [EC] (IV/D-2/34.780 - Virgin / British Airways) concerning agreements concluded between British Airways and travel agencies establishing commission schemes and other benefits linked to the increase in volume of ticket sales of that airline

Operative part of the judgment

1.    The appeal is dismissed.

2.    British Airways plc is ordered to pay the costs.

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1 - OJ C 106, 30.4.2004.