Judgment of the General Court of 16 December 2015 — Deutsche Lufthansa and Others v Commission
(Case T-46/11) 1
(Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons)
Language of the case: English
Parties
Applicants: Deutsche Lufthansa AG (Cologne, Germany); Lufthansa Cargo AG (Frankfurt am Main, Germany); and Swiss International Air Lines AG (Basel, Switzerland) (represented initially by S. Völcker, F. Louis, E. Arsenidou and A. Israel, and subsequently by S. Völcker and J. Orogolas, lawyers)
Defendant: European Commission (represented initially by M. Kellerbauer, S. Noë and N. von Lingen, and subsequently by S. Noë and A. Dawes, acting as Agents, and by J. Anderson, Barrister)
Re:
Application for annulment of Articles 1 to 4 of Commission Decision C(2010) 7694 final of 9 November 2010 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 COMP/39258 — Airfreight).
Operative part of the judgment
The Court:
Annuls Articles 1 to 4 of Commission Decision C(2010) 7694 final of 9 November 2010 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 COMP/39258 — Airfreight), in so far as they concern Deutsche Lufthansa AG, Lufthansa Cargo AG and Swiss International Air Lines AG;
Dismisses the remainder of the action;
Orders the European Commission to bear its own costs and to pay those of Deutsche Lufthansa, Lufthansa Cargo and Swiss International Air Lines.
____________1 OJ C 80, 12.3.2011.