Judgment of the General Court of 30 March 2022 – Deutsche Lufthansa and Others v Commission
(Case T-342/17) 1
(Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Obligation to state reasons – Effect on trade between Member States – State coercion – Single and continuous infringement)
Language of the case: English
Parties
Applicants: Deutsche Lufthansa AG (Cologne, Germany), Lufthansa Cargo AG (Frankfurt am Main, Germany), Swiss International Air Lines AG (Basle, Switzerland) (represented by: S. Völcker, lawyer)
Defendant: European Commission (represented by: A. Dawes and H. Leupold, acting as Agents)
Re:
Application under Article 263 TFEU for annulment of Article 1 of Commission Decision C(2017) 1742 final of 17 March 2017 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case AT.39258 – Airfreight) in so far as it relates to the applicants.
Operative part of the judgment
The Court:
Dismisses the action;
Orders the European Commission to bear one third of its own costs;
Orders Deutsche Lufthansa AG, Lufthansa Cargo AG, Swiss International Air Lines AG to bear their own costs and to pay two thirds of those incurred by the Commission.
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1 OJ C 239, 24.7.2017.