Judgment of the General Court of 30 March 2022 – Cargolux Airlines v Commission
(Case T-334/17) 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 airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Failure to send a new statement of objections – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Duration of participation in the infringement – Additional amount – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Follow-my-leader role – Proportionality – Unlimited jurisdiction)
Language of the case: English
Parties
Applicant: Cargolux Airlines International SA (Sandweiler, Luxembourg) (represented by: E. Aliende Rodríguez, lawyer)
Defendant: European Commission (represented by: N. Khan and A. Dawes, acting as Agents, and by E. MacKenzie, Barrister)
Re:
Application under Article 263 TFEU for annulment 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 applicant and, in the alternative, for cancellation of the fine imposed on the applicant or a reduction in the amount of that fine.
Operative part of the judgment
The Court:
Dismisses the action;
Orders the European Commission to bear one third of its own costs;
Orders Cargolux Airlines International SA to bear its own costs and pay two thirds of those incurred by the Commission.
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1 OJ C 239, 24.7.2017.